Article 122, Constitution

57 Landmark Constitutional Cases: Complete Notes

About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…

411 min read 16 Oct 2026

The Supreme Court struck down clause 4 of Article 329A, inserted by the Thirty-ninth Amendment during the Emergency, because it violated the basic structure of the Constitution. The amendment had declared Indira Gandhi's election valid regardless of any court decision. The Court upheld the amended election laws, held that the basic structure doctrine applies to constitutional amendments and not to ordinary laws, and on that basis found her election valid. It is remembered as the first major practical application of the basic structure doctrine after Kesavananda Bharati.

After the 2005 cash for query sting operation, both Houses of Parliament expelled eleven M.P.s. A five-judge Constitution Bench of the Supreme Court held by a 4:1 majority that Parliament has the power under Article 105(3) to expel a member for serious misconduct, and upheld the expulsion. It also held that such privilege decisions are subject to judicial review for illegality, though not for mere procedural irregularity. The case is a landmark on the balance between parliamentary privilege and judicial review.