JAGDISH SINGH KHEHAR, J.CHELAMESWAR, MADAN B.LOKUR, KURIAN JOSEPH, ADARSH KUMAR GOEL
SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent
Judgment
Jagdish Singh Khehar, J.
| Sl.No. | Contents | Paragraphs | Pages |
| 1. | The Recusal Order | 1 - 18 | 1 – 15 |
| 2. | The Reference Order | 1 - 101 | 16 – 169 |
| I | The Challenge | 1 - 9 | 16 – 19 |
| II. | The Background to the Challenge | 10 - 19 | 19 - 61 |
| III. | Motion by the respondents, for the review of the Second and Third Judges cases. | 20 - 53 | 61 – 115 |
| IV. | Objection by the petitioners, to the Motion for review | 54 - 59 | 115 – 124 |
| V. | The Consideration | 60 - 100 | 124 – 168 |
| VI. | Conclusion | 101 | 168 – 169 |
| 3. | The Order on Merits | 1 - 258 | 170 – 439 |
| I. | Preface | 1 - 4 | 170 – 171 |
| II. | Petitioners’ Contentions, on Merits | 5 - 66 | 171 - 252 |
| III. | Respondents’ Response on Merits. | 67 - 132 | 253 – 325 |
| IV. | The Debate and the Deliberation | 133 - 245 | 326 - 419 |
| V. | The effect of striking down the impugned constitutional amendment | 246 - 253 | 419 – 436 |
| VI. | Conclusions | 254 - 256 | |
Chandra Moulishwar Prasad v. Patna High Court
Shri Prithvi Cotton Mills Ltd. v. Broach Borough Municipality
Bhim Singh Ji v. Union of India
Ashoka Kumar Thakur v. Union of India
Mafat Lal Industries Ltd. v. Union of India
Inderpreet Singh Kahlon v. State of Punjab
Madhav Rao Jivaji Rao Scindia v. UOI
Rustom Cavasjee Cooper v. Union of India
Bennett Coleman & Co. Ltd. v. Union of India
Union of India v. Madras Bar Asson.
P. Sambamurthy v. State of A.P.
Union of India v. Madras Bar Asson.
Chief Election Commissioner v. Jan Chaukidar
Supreme Court Advocates-on-Record Association v. Union of India (Second Judges case)
Re: Special Reference No.1 of 1998 (Third Judges case)
Subhash Sharma v. Union of India
Union of India v. Sankalchand Himatlal Sheth
T.M.A. Pai Foundation v. State of Karnataka
Re: Special Reference No.1 of 2002
S.R. Chaudhuri v. State of Punjab
Indra Sawhney v. Union of India
Kesavananda Bharati v. State of Kerala
Samsher Singh v. State of Punjab
Manoj Narula v. Union of India
Suraz India Trust v. Union of India
Jindal Stainless Limited v. State of Haryana
Re: Cauvery Water Disputes Tribunal
Kerala State Science and Technology Museum v. Rambal Co.
Bengal Immunity Co. Ltd. v. State of Bihar
Maganlal Chhaganlal (P) Ltd. v. Municipal Corpn. of Greater Bombay
Union of India v. Raghubir Singh
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology
Mineral Area Development Authority v. Steel Authority of India
State of West Bengal v. Kesoram Industries Ltd.
India Cement Ltd. v. State of Tamil Nadu
Sub-Committee of Judicial Accountability v. Union of India
State of Bombay v. United Motors (India) Ltd.
Keshav Mills Co. Ltd. v. Commissioner of Income-tax, Bombay North
Lt. Col. Khajoor Singh v. Union of India
Ganga Sugar Corporation Ltd. v. State of Uttar Pradesh
Gannon Dunkerley and Co. v. State of Rajasthan
Registrar (Admn.), High Court of Orissa, Cuttack v. Sisir Kanta Satapathy
Minerva Mills Ltd. v. Union of India
Madras Bar Association v. Union of India
Shreya Singhal v. Union of India
I.C. Golak Nath v. State of Punjab
Madhavrao Scindia Bahadur v. Union of India
Centre for Public Interest Litigation v. Union of India
Manohar Lal Sharma v. Principal Secretary
Shashikant Laxman Kale v. Union of India
In Re: the Special Courts Bill, 1978
Subramanian Swamy v. Director, Central Bureau of Investigation
Dr. Kashinath G. Jalmi v. The Speaker
Charanjit Lal Chowdhury v. Union of India
Ram Krishna Dalmia v. Justice S.R. Tendolkar
Government of Andhra Pradesh v. P. Laxmi Devi
Mohd. Hanif Quareshi v. State of Bihar
State of West Bengal v. Anwar Ali Sarkar
Indira Nehru Gandhi v. Raj Narain
Asif Hameed v. State of Jammu and Kashmir
State of Bihar v. Bihar Distillery Limited
Bangalore Woollen, Cotton and Silk Mills Co. Ltd. v. Corporation of the City of Bangalore
Khadim Hussain v. State of U.P.
B.K. Srinivasan v. State of Karnataka
Peoples Union for Civil Liberties v. Union of India
Pandit M.S.M. Sharma v. Dr. Shree Krishna Sinha
R.C. Poudyal v. Union of India
Property Owners Association v. State of Maharashtra
Property Owners Association v. State of Maharashtra
Property Owners Association v. State of Maharashtra
Ameer-un-Nissa Begum v. Mahboob Begum
Firm A.T.B. Mehtab Majid & Co. v. State of Madras
Koteswar Vittal Kamath v. K. Rangappa Baliga & Co.
Mulchand Odhavji v. Rajkot Borough Municipality
Mohd. Shaukat Hussain Khan v. State of Andhra Pradesh
State of Maharashtra v. Central Provinces Manganese Ore Co. Ltd.
India Tobacco Co. Ltd. v. Commercial Tax Officer, Bhavanipore
Kolhapur Canesugar Works Ltd. v. Union of India
State of U.P. v. Hirendra Pal Singh
Joint Action Committee of Air Line Pilots Association of India v. Director General of Civil Aviation
State of Tamil Nadu v. K. Shyam Sunder
Municipal Committee, Amritsar v. State of Punjab
I.R. Coelho v. State of Tamil Nadu
Chief Election Commissioner v. Jan Chaukidar
Kuldip Nayar v. Union of India
Ashoka Kumar Thakur v. Union of India
Public Services Tribunal Bar Association v. State of U.P.
Uttar Pradesh Power Corporation Limited v. Rajesh Kumar
State of Bihar v. Bal Mukund Sah
Nawal Kishore Mishra v. High Court of Judicature of Allahabad
Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India
West U.P. Sugar Mills Association v. State of U.P.
Gammon India Ltd. v. Special Chief Secretary
Bhagat Ram Sharma v. Union of India
State of Rajasthan v. Mangilal Pindwal
Supreme Court Advocates-on-Record Association v. Union of India
P.D. Dinakaran (1) v. Judges Inquiry Committee
His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala
Supreme Court Advocates-on-Record Association v. Union of India
Union of India v. Sankalchand Himatlal Sheth
Chandramouleshwar Prasad v. Patna High Court
Samsher Singh v. State of Punjab
Subhash Sharma v. Union of India
Special Reference No.1 of 1998
Shanti Bhushan v. Union of India
P.D. Dinakaran (1) v. Judges Inquiry Committee
P.D. Dinakaran (2) v. Judges Inquiry Committee
L Chandra Kumar v. Union of India
I.C. Golak Nath v. State of Punjab
Minerva Mills Ltd. v. Union of India
M. Nagaraj & Others v. Union of India
I.R. Coelho (Dead) by LRs v. State of T.N.
A.K. Gopalan v. State of Madras
Union of India v. Sankalchand Himatlal Sheth
Naresh Shridhar Mirajkar v. State of Maharashtra
Barium Chemicals Ltd. v. Company Law Board
Maharao Sahib Shri Bhim Singhji v. Union of India
Supreme Court Advocates on Record Association v. Union of India (Nine Judges Bench)
Subhash Sharma v. Union of India
Special Reference No. 1 of 1998
Samsher Singh v. State of Punjab
Jyoti Prokash Mitter v. Chief Justice, Calcutta
Ram Jawaya Kapur v. State of Punjab
Kesavananda Bharati v. State of Kerala
Indira Nehru Gandhi v. Raj Narain
Minerva Mills Ltd. v. Union of India
I.R. Coelho v. State of Tamil Nadu
State of Tamil Nadu v. State of Kerala
Mullaperiyar Environmental Protection Forum v. Union of India
A.K. Gopalan v. State of Madras
State of Travancore-Cochin v. The Bombay Co. Ltd.
Golak Nath v. State of Punjab; (1967) 2 SCR 762 (11 Judges Bench) - Relied upon [Para 214]
Indra Sawhney v. Union of India
S.R. Chaudhuri v. State of Punjab
T.M.A. Pai Foundation v. State of Karnataka
In re: Special Reference No. 1 of 2002 (Gujarat Assembly Election Matter)
Bengal Immunity Co. Ltd. v. State of Bihar
State of Bombay v. The United Motors (India) Ltd.
Lt. Col. Khajoor Singh v. Union of India, AIR 1961 SC 532 (7 Judges Bench)
New Jehangir Vakil Mills Ltd. v. CIT
Petlad Turkey Red Dye Works Co. Ltd., Petlad v. CIT
Maganlal Chhaganlal v. Municipal Corporation of Greater Bombay
Northern India Caterers v. State of Punjab
Ganga Sugar Corporation v. State of Uttar Pradesh
Ganga Sugar Corporation v. State of Uttar Pradesh
Union of India v. Raghubir Singh
Gannon Dunkerley & Co. v. State of Rajasthan
Builders Association of India v. Union of India
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology
K. Kamalajammanniavaru v. Special Land Acquisition Officer
Bhag Singh v. Union Territory of Chandigarh
R.C. Poudyal v. Union of India
Sub-Committee on Judicial Accountability v. Union of India
Kartar Singh v. State of Punjab
Krishna Swami v. Union of India
Union of India v. Madras Bar Association
State of Rajasthan v. Union of India
Kuldip Nayar v. Union of India
Ashoka Kumar Thakur v. Union of India
Madras Bar Association v. Union of India
Sanjeev Coke Manufacturing Co. v. Bharat Coking Coal Ltd.
Bhim Singhji v. Union of India
Charanjit Lal Chowdhuri v. Union of India
Ram Krishna Dalmia v. Justice S.R. Tendolkar
Shri Prithvi Cotton Mills Ltd. v. Broach Borough Municipality
K. Sankaran Nair v. Devaki Amma Malathy Amma
Bhubaneshwar Singh v. Union of India
Re Cauvery Water Disputes Tribunal
Indian Aluminium Co. v. State of Kerala
A.K. Gopalan v. The State of Madras
Karnataka Bank Ltd. v. State of Andhra Pradesh
Mohd. Hanif Quareshi v. State of Bihar
State of West Bengal v. Anwar Ali Sarkar
State of A.P. v. McDowell & Co.
Public Services Tribunal Bar Assn v. State of U.P.
Chhotabhai Jethabhai Patel v. Union of India
Mafatlal Industries Ltd. v. Union of India
Babulal Parate v. State of Bombay
State of Punjab v. Salil Sablok
Kumar Padma Prasad v. Union of India
Indian Express Newspapers v. Union of India
Reliance Petrochemicals Ltd. v. Proprietors of Indian Express Newspapers Bombay (P) Ltd.
West U.P. Sugar Mills Assn. v. State of U.P.
Firm A.T.B. Mehtab Majid & Co. v. State of Madras
Indian Express Newspapers (Bom) (P) Ltd. v. Union of India
State of T.N. v. K. Shyam Sunder
His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala
Samsher Singh v. State of Punjab
Special Reference No.1 of 1998
Kesavananda Bharti v. State of Kerala
Indira Nehru Gandhi v. Raj Narain
Minerva Mills Ltd. v. Union of India
L. Chandra Kumar v. Union of India
I.R. Coelho v. State of Tamil Nadu
Subhash Sharma v. Union of India
Union of India v. Sankalchand Himatlal Sheth
Shamsher Singh v. State of Punjab
Gannon Dunkerly v. State of Rajasthan
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.