Landmark Cases from the Indian Supreme Court
Landmark cases have been used to set precedence in the delivery of justice. Such cases further serve to inform practitioners and students in law on the considerations made in order to reach the decision made by court. A reflection of this is available from the supreme court of India that has made a number of landmark decision in its tenure. A final year student disappear in mysterious circumstances leading the family to file for a case in the supreme court seeking to identify the facts of the matter. The student had been arrested by the police initially, detailed and killed during a state of national emergency where the family was not informed. When brought to the supreme court, it was determined that police were liable for the case and faced punishment. This was however contended and overturned in an appeal.
In another case, three guards assigned to protect the then prime minister conspired to kill her. At this time, one of the guards was killed and two arrested. The arrested guards were found guilty of murder with the punishment being death. They made an appeal to the supreme court but the judgment was upheld.
A case of family issues was brought to the supreme court of India and the decision remains as one of the historic ones. A famous lawyer has disowned his children and their mother citing religious grounds. The wife filed for support and was awarded maintenance of Rs 25. On appeal the supreme court increased this to Rs. 179 per month stating that the law was not limited to religion.
The supreme court of India also made a landmark ruling on a case famously known as the Bhopal Gas Tragedy. According to the case filed, the company was producing dangerous gases and in such way endangering the lives of the community and wanted the court to stop this production. Weight was added to the case after there was an explosion in the factory that resulted in deaths and injuries. The supreme court on this matter determined that the company needs to cease production of the gases and further compensate the affected families accordingly.
The case of Judges transfer is another landmark ruling made by the supreme court. The case was to ascertain where the powers to appoint and transfer judges lie as per the constitution. In the ruling, it was determined that the constitution gives absolute powers to the chief justice in the appointment of judges. The chief judge further has the responsibility to advise the president on appointments but this must be done in confines of the law.