Professional Documents
Culture Documents
Notes of LAW
Notes of LAW
Doctrine of eclipse will apply only to pre constitutional law and not post consti law this case
distinguished between pre consti law and post consti law – Deep chand vs state of UP
3. Doctrine of Waiver
Young Lawyer association vs State of Kerela (Sabrimala Case):- Justice chandrachud gave the opinion
to include personal laws in article 13 (3) of Indian Constitution
4. Article 14 No person shall be denied equality before law or Equal protection of law within
territory of India
Supremacy of Law
Like should be treated like unlike should be treated unlike Shall be reasonable classification
Young Lawyer Association vs State of Kerela (mensturating women were not allowed in Sabrimala
case and it violated the article 14 of women equal protection of law)
6. Case for 15 (1) Article 15 no person shall be discriminated on the basis of caste race sex
religion and place of birth
DP Joshi vs state of Madhya Bharat (Excusing capitation fee for Madhya Bharat student the
supreme court held that place of residence is not same as place of birth)
7. Appa badu hingle vs state of Karnataka Article 15(2) harijans were abused by the accused
they were not allowed to drink water from the well which is included in article 15(2)
It was held that the accused was not convicted under the crime because of lack of evidence
Yusuf abdul aziz case vs state of Bombay for Article 15 (3) (Read)
8. 15 (4) Champakam Dorairajan vs State of Madras DPSP will act as sipplimental nature to the
fundamental rights
Indra Sawhney vs Union of India
Facts : creamy layer was excluded from backward class
No reservation in promotion was allowed and overruled T Devadasan vs UOI by declaring
carry forward rule
9. Article 17 Untouchability doesn’t mean literally if a person is suffering from a disease or
hasn’t bathed in days article 17 wont be applicable here it applies to the case where the
tradition has been practiced in India