Unit 2 of Constitutional Law – I (syllabus: Module 2 — Articles 12 and 13 with the doctrines of eclipse, severability and waiver; Articles 14–18; Article 19; Articles 20 and 22; Articles 21 and 21A). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- When is a body other than a government department the State for the purposes of Part III?
- Does Article 13(1) wipe out a pre-Constitution law from the beginning?
- Can a law that has been held void under Article 13 ever operate again?
- Can a person give up a fundamental right by agreement or by conduct?
- When does a law that treats one class differently survive Article 14?
- Is a law valid under Article 14 merely because its classification is intelligible?
- What makes a restriction on a freedom under Article 19 a reasonable one?
- Is any procedure enacted by a legislature enough to satisfy Article 21?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Constitution of India, s. Art. 12
- Constitution of India, s. Art. 13(1)
- Constitution of India, s. Art. 13, with Art. 14
- Constitution of India, s. Art. 14
- Constitution of India, s. Art. 19(1), with Arts. 19(2) to 19(6)
- Constitution of India, s. Art. 21
Leading cases
- Pradeep Kumar Biswas v Indian Institute of Chemical Biology
- Keshavan Madhava Menon v State of Bombay
- Bhikaji Narain Dhakras v State of Madhya Pradesh
- Basheshar Nath v Commissioner of Income Tax
- State of West Bengal v Anwar Ali Sarkar
- E.P. Royappa v State of Tamil Nadu
- Chintaman Rao v State of Madhya Pradesh
- Maneka Gandhi v Union of India
Full case summaries
- Pradeep Kumar Biswas v Indian Institute of Chemical Biology (Supreme Court, 2002) — the test for "other authorities" under Article 12
- Keshavan Madhava Menon v State of Bombay (Supreme Court, 1951) — Article 13(1) is prospective
- Bhikaji Narain Dhakras v State of Madhya Pradesh (Supreme Court, 1955) — the doctrine of eclipse
- State of West Bengal v Anwar Ali Sarkar (Supreme Court, 1952) — the test of reasonable classification
- E.P. Royappa v State of Tamil Nadu (Supreme Court, 1973) — equality as a guarantee against arbitrariness
- Indra Sawhney v Union of India (Supreme Court, 1992) — the Mandal Commission case
- M. Nagaraj v Union of India (2006) and Jarnail Singh v Lachhmi Narain Gupta (2018) — reservation in promotion after Indra Sawhney
- Bennett Coleman & Co. v Union of India (Supreme Court, 1972) — the newsprint policy and freedom of the press
- Shreya Singhal v Union of India (Supreme Court, 2015) — section 66A and speech on the internet
- D.K. Basu v State of West Bengal (Supreme Court, 1997) — the eleven requirements on arrest and custody
- Chintaman Rao v State of Madhya Pradesh (Supreme Court, 1950) — what makes a restriction "reasonable"
- Sukhdev Singh v Bhagatram Sardar Singh Raghuvanshi (1975)
- Bandhua Mukti Morcha v Union of India (Supreme Court, 1983) — bonded labour, the letter petition and the presumption