India's Constitutional Moments

Amendments, landmark judgments, and legal developments that shape India's constitutional landscape.

Updated Regularly
⚖️ Landmark Supreme Court Judgments
Judgment
2024

Supreme Court Upholds Sub-Classification Within SC/ST Reservations

A 7-judge Constitution Bench, in State of Punjab v. Davinder Singh (2024), held by a 6:1 majority that states can sub-classify within Scheduled Castes to provide preferential treatment to the most backward among them. The judgment overruled E.V. Chinnaiah v. State of Andhra Pradesh (2004) which had held such sub-classification impermissible. This has significant implications for reservation policy across India.

Article 14 Article 15(4) Article 16(4)
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Judgment
2024

Electoral Bonds Scheme Struck Down as Unconstitutional

In Association for Democratic Reforms v. Union of India (2024), a 5-judge Constitution Bench unanimously struck down the Electoral Bonds Scheme as unconstitutional. The Court held that the scheme violated voters' right to information under Article 19(1)(a) — the right to know about political funding is essential to make an informed choice in elections. The Court ordered the State Bank of India to submit data on bonds purchased to the Election Commission.

Article 19(1)(a) Article 324
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Judgment
2023

Supreme Court Upholds Abrogation of Article 370

In In re: Article 370 of the Constitution (2023), the Supreme Court unanimously upheld the abrogation of Article 370 (which gave special status to Jammu & Kashmir) and the Jammu and Kashmir Reorganisation Act, 2019 which bifurcated the state into two Union Territories. The Court held that Article 370 was a temporary provision and the President had the power to abrogate it. It also directed that statehood be restored to J&K as soon as possible.

Article 370 Article 3
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Judgment
2022

EWS Reservation Upheld: 103rd Amendment Valid

In Janhit Abhiyan v. Union of India (2022), a 5-judge Constitution Bench upheld the 103rd Amendment (2019) that provides 10% reservation for Economically Weaker Sections (EWS) in educational institutions and public employment. The majority (3:2) held that the amendment does not violate the basic structure of the Constitution. The dissenting judges held that 50% ceiling on reservations (from Indra Sawhney case) is part of the basic structure.

Article 15(6) Article 16(6) Article 368
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📡 Recent Constitutional Developments
Development
2024

Women's Reservation Act: 106th Amendment Enacted

The Constitution (106th Amendment) Act, 2023 — also known as the Nari Shakti Vandan Adhiniyam — reserves one-third of seats in the Lok Sabha and state legislative assemblies for women. However, the reservation will come into effect only after the delimitation exercise following the first Census after the Act's commencement. Articles 330A and 332A were inserted for this purpose.

Article 330A Article 332A Article 239AA
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Analysis
2023

Right to Privacy and the Digital Personal Data Protection Act, 2023

Following the landmark Puttaswamy judgment (2017) which recognised the right to privacy as a Fundamental Right under Article 21, Parliament enacted the Digital Personal Data Protection Act, 2023. The Act establishes a framework for processing personal data, creates rights for data principals, and sets up the Data Protection Board of India as the adjudicatory body. Legal scholars continue to debate whether the Act provides adequate constitutional safeguards for the right to privacy.

Article 21 Article 19(1)(a)
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Judgment
2023

Legislative Immunity and Money Laundering: Supreme Court Ruling

In Sita Soren v. Union of India (2024), a 7-judge Constitution Bench unanimously held that Article 105(2) (parliamentary immunity) does not extend to bribery offences even if the bribe was taken to vote in Parliament or a legislature. The Court overruled P.V. Narasimha Rao v. State (1998), which had held that a legislator who accepts a bribe and votes accordingly enjoys immunity. The ruling strengthens constitutional accountability of elected representatives.

Article 105 Article 194
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📖 Constitutional Milestones
Amendment
Historical

The Emergency (1975–77) and Constitutional Lessons

The Emergency proclaimed under Article 352 from June 25, 1975 to March 21, 1977 remains the most severe constitutional crisis in India's history. Fundamental Rights including Articles 19, 21, and 22 were suspended. The 42nd Amendment (1976) weakened judicial review and expanded executive power. After the Emergency, the 44th Amendment (1978) restored constitutional safeguards, made Cabinet advice mandatory for Emergency proclamations, and removed the right to property from Fundamental Rights. These lessons shaped the constitutional amendments and judicial doctrines that followed.

Article 352 Article 358 Article 359
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