Article 74, 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

Constitution I One Shot

Definition: Constitutionalism is a system that gives legitimacy to a democratic government.

69 min read 9 Sep 2026

In S. P. Gupta v. Union of India (1981), a seven-judge bench of the Supreme Court held that 'consultation' with the judiciary in appointing judges does not mean 'concurrence'. Consultation is mandatory and must be full and effective, but the final decision rests with the President acting on the advice of the Council of Ministers. The case also widened locus standi, laying a foundation for public interest litigation, and linked the right to know to Article 19(1)(a). It was later overruled by the Second Judges Case of 1993.

A nine-judge Constitution Bench of the Supreme Court held that the President's satisfaction under Article 356 is not absolute and is open to judicial review. The Court held that a government's majority must be tested on the floor of the Assembly, not at Raj Bhavan, and declared secularism and federalism to be basic features of the Constitution. The case put a clear brake on the misuse of President's Rule against State governments.

A seven-judge Constitution Bench of the Supreme Court held that the President and the Governor are constitutional heads who act on the aid and advice of the Council of Ministers. Where the Constitution speaks of their 'satisfaction', it means the satisfaction of the Council of Ministers, not their personal satisfaction. The Court overruled Sardari Lal and set aside the termination of two probationer judges, holding that a termination which is in substance a punishment attracts the protection of Article 311(2).