Landmark Supreme Court Cases — Set 15

Correct Answer: B. Complete ban on cow slaughter in Gujarat including of old and useless cattle

State of Gujarat v Mirzapur Moti Kureshi Kassab Jamat (2005) was a 7-judge constitutional bench judgment that upheld the Gujarat government's complete ban on slaughter of cows, calves, and female buffaloes, even of aged and useless cattle. The court overruled the earlier judgment in Mohd. Hanif Quareshi v State of Bihar (1958) which had held that a total ban on slaughter of useless cattle was unreasonable. The court held that the total ban was justified as a regulatory measure serving the interest of agriculture and animal husbandry under Article 48 of the Constitution, and that the right to slaughter animals is not an essential religious practice protected under Article 25.

Correct Answer: C. There was no earlier precedent — this was a new ruling

Lily Thomas v Union of India (2013) did not overrule any specific earlier Supreme Court precedent on the exact point decided, as the issue of whether Section 8(4) of the Representation of People Act — which allowed convicted sitting legislators to continue despite conviction pending appeal — was constitutionally valid had not been directly decided before. The court's ruling that Article 102(1)(e) and Article 191(1)(e) treat sitting legislators and fresh candidates identically upon conviction was a fresh constitutional interpretation. The judgment effectively stopped the practice that had allowed convicted sitting legislators to continue in their positions for years through pending appeal processes.

Correct Answer: C. Incitement alone

Shreya Singhal v Union of India (2015) drew an important constitutional distinction between three types of speech: discussion (general conversation and debate), advocacy (publicly promoting a cause or viewpoint), and incitement (directly provoking unlawful action). The court held that only incitement — which has a proximate and direct nexus with imminent unlawful action — can be restricted under Article 19(2) in the interest of public order. Mere discussion or advocacy, even of ideas that may be offensive, dangerous, or unpopular, cannot be criminalized under Article 19(2). This set a high threshold for restricting political speech and was applied to invalidate Section 66A's broad criminalization of 'offensive' online speech.

Correct Answer: B. Names of bond purchasers, amount of bonds purchased, and names of parties that encashed them

Association for Democratic Reforms v Union of India (2024) — the Electoral Bonds judgment — directed the State Bank of India to submit to the Election Commission of India the details of all electoral bonds purchased and encashed since the scheme's inception in 2018, including the names of purchasers, the date and denomination of bonds purchased, and the names of political parties that encashed them along with the date and amount. The Election Commission was then directed to publish this information on its website. This transparency order exposed the identity of thousands of corporate donors who had donated to political parties through bonds, enabling public scrutiny of potential quid pro quo between corporate donors and the ruling party.

Correct Answer: B. The Supreme Court of India and the office of the Chief Justice of India

CPIO, Supreme Court of India v Subhash Chandra Agarwal (2019) is a landmark judgment in which a 5-judge constitutional bench unanimously held that the Supreme Court of India and the office of the Chief Justice of India are 'public authorities' under the Right to Information Act, 2005 and are therefore subject to RTI applications. The court held that judicial independence does not mean judicial immunity from transparency and accountability, and that the RTI Act's exemptions are adequate to protect sensitive information like details of judges' assets and deliberations. This judgment meant that information like correspondence in the collegium process can potentially be sought under RTI.

Correct Answer: B. 3:2 majority upholding EWS reservation because economic criterion can be a standalone basis for affirmative action

Janhit Abhiyan v Union of India (2022) upheld the 103rd Constitutional Amendment providing 10% EWS reservation by a 3:2 majority of a 5-judge constitutional bench. The majority — Justices Dinesh Maheshwari, Bela Trivedi, and J.B. Pardiwala — held that economic criteria can independently serve as a constitutional basis for affirmative action and the exclusion of SC/ST/OBC from EWS quota is justified since they already have separate quotas. The dissenting Justices S. Ravindra Bhat and the then CJI U.U. Lalit held that excluding the poorest among SC/ST/OBC from EWS benefits violates equality and the Basic Structure. This was one of the most closely divided judgments on reservations.

Correct Answer: B. A committee comprising PM, Leader of Opposition, and CJI

Anoop Baranwal v Union of India (2023) was decided by a unanimous 5-judge constitutional bench that held the process of appointing Election Commissioners must be independent of executive control to protect the autonomy of the Election Commission. The court held that until Parliament enacted a law on this issue, the Chief Election Commissioner and Election Commissioners would be appointed by the President on the advice of a committee comprising the Prime Minister, Leader of the Opposition in Lok Sabha (or the leader of the largest Opposition party), and the Chief Justice of India. This judgment was significant but was partially superseded when Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI with a Cabinet Minister in the committee.

Correct Answer: A. Industrial effluent discharge into the Ganga from tanneries in Kanpur

MC Mehta v Union of India (1988), the Ganga Pollution (Tanneries) case, specifically focused on the discharge of untreated effluents from leather tanneries in Kanpur into the Ganga river. The Supreme Court ordered the closure of tanneries that failed to set up primary treatment plants and held that the right to a healthy environment is part of Article 21. The court also refused to consider financial hardship faced by the tanneries as an excuse for continuing to pollute, holding that financial difficulty cannot justify violation of Article 21 of innocent citizens who depend on the Ganga for drinking water and sustenance. Separate Ganga cases dealt with municipal sewage pollution from larger cities.

Correct Answer: B. Natural guardian of minor children — held mother can also be natural guardian, reading down Hindu Minority and Guardianship Act

Githa Hariharan v Reserve Bank of India (1999) challenged Section 6 of the Hindu Minority and Guardianship Act, 1956 which provided that the father is the natural guardian of a minor child and the mother becomes the natural guardian only 'after' him (often interpreted as meaning only after the father's death). The Supreme Court read down this provision to mean that the mother can act as the natural guardian in the absence of the father or when the father is unable to act, not just after his death. The court held that the provision as read down was consistent with the constitutional equality guarantee and the best interests of the child, giving mothers substantially expanded guardianship rights.

Correct Answer: A. Central Information Commission under RTI Act

Namit Sharma v Union of India (2013) challenged the composition and functioning of the Central Information Commission (CIC) constituted under the Right to Information Act, 2005. The petitioner argued that since the CIC exercises judicial or quasi-judicial powers in adjudicating RTI appeals and complaints, its members should have legal qualifications. The Supreme Court struck down certain provisions of the RTI Rules relating to the composition of the CIC as unconstitutional. However, this judgment was subsequently reviewed and modified in Namit Sharma Review (2013) which restored many provisions while maintaining that some qualifications were necessary for adjudicatory positions.