Key Constitution Cases Every Company Secretary Student Should Know

For Company Secretary students, understanding key constitutional law cases is crucial, as the Constitution forms the bedrock of all laws, including corporate and commercial ones. Here are 10 important case laws on the Constitution of India that are particularly relevant:

1. Kesavananda Bharati v. State of Kerala (1973):

   • Significance: This is arguably the most important case in Indian constitutional history. It established the "Basic Structure Doctrine," holding that while Parliament has the power to amend the Constitution, it cannot alter its basic structure (fundamental features like democracy, secularism, federalism, judicial review, etc.). This limits the power of the legislature and protects fundamental rights.

     
     

     

     
     

2. Minerva Mills Ltd. v. Union of India (1980):

   • Significance: This case reinforced the Basic Structure Doctrine, stating that the limited amending power of Parliament is itself a part of the basic structure. It also emphasized the harmony and balance between Fundamental Rights and Directive Principles of State Policy, preventing either from overriding the other.

3. Maneka Gandhi v. Union of India (1978):

   • Significance: This judgment dramatically expanded the interpretation of Article 21 (Right to Life and Personal Liberty). It established that the "procedure established by law" under Article 21 must be "just, fair, and reasonable" and not arbitrary. This introduced the concept of due process of law into Indian jurisprudence, integrating Articles 14 (Equality), 19 (Freedoms), and 21 (Life and Liberty) into a "golden triangle."

4. R.C. Cooper v. Union of India (Bank Nationalisation Case) (1970):

   • Significance: This case was pivotal in shifting the balance between fundamental rights and state policy. The Supreme Court held that the test for violation of fundamental rights would be the "effect" of the state action, not merely the "object." It affirmed that a law acquiring property must provide for "compensation," emphasizing its adequacy, leading to a significant amendment of the Constitution regarding the right to property.

5. S.R. Bommai v. Union of India (1994):

   • Significance: This landmark judgment laid down strict guidelines for the imposition of President's Rule under Article 356, curbing its arbitrary use. It established that the proclamation of President's Rule is subject to judicial review, and the satisfaction of the President must be based on relevant material. It strengthened federalism in India.

6. Vishaka v. State of Rajasthan (1997):

   • Significance: In the absence of specific legislation, the Supreme Court laid down detailed guidelines to prevent sexual harassment of women in the workplace. These "Vishaka Guidelines" had the force of law until the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted. This demonstrates the judiciary's role in filling legislative vacuums to protect fundamental rights (Articles 14, 15, 21).

7. M.C. Mehta v. Union of India (Oleum Gas Leak Case) (1987):

   • Significance: This case evolved the principle of "Absolute Liability," stating that an enterprise engaged in hazardous or inherently dangerous activities is absolutely and non-delegably liable for any harm caused due to the escape of a hazardous substance from its premises, regardless of whether it was negligent. This significantly expanded environmental jurisprudence and corporate responsibility.

8. Indra Sawhney v. Union of India (Mandal Commission Case) (1992):

   
   

   • Significance: This case affirmed the constitutionality of reservations for Other Backward Classes (OBCs) in public employment but introduced the concept of the "creamy layer" (excluding the affluent within backward classes from reservation benefits) and upheld the 50% ceiling on total reservations. It is crucial for understanding affirmative action and equality.

9. A.K. Gopalan v. State of Madras (1950):

   
   

   • Significance: This was one of the earliest landmark cases. While later partially overruled by Maneka Gandhi, it initially interpreted Article 21 narrowly, holding that "procedure established by law" referred to a procedure laid down by statute, regardless of its fairness. Understanding this earlier restrictive view helps appreciate the expansive interpretation later adopted.

10. Indian Young Lawyers Association v. State of Kerala (Sabarimala Temple Case) (2018):

    • Significance: This case dealt with the intersection of religious freedom (Article 25 and 26) and equality (Article 14 and 15). The majority judgment held that the exclusion of women of menstruating age from the Sabarimala temple was discriminatory and violated fundamental rights. It highlighted the concept of "constitutional morality" overriding traditional religious practices.

These cases provide a strong foundation for understanding key constitutional principles, fundamental rights, judicial review, and the evolving relationship between the state, individuals, and corporations in India, all of which are relevant for a Company Secretary's professional understanding.