Principle

Basic Structure Doctrine - Parliament cannot amend the Constitution in a way that destroys its basic structure.

Principle

Article 21 requires procedure established by law to be right, just, fair, and not arbitrary, fanciful, or oppressive.

Principle

In absence of domestic law, courts can enforce international conventions and declarations which are not inconsistent with fundamental rights.

Principle

An agreement with a minor is void ab initio. Even if minor misrepresents age, contract remains void.

Principle

Neighbour Principle - You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

Principle

Absolute Liability - Enterprise engaged in hazardous activity is absolutely liable for harm, no exceptions like act of God or third party apply.

Principle

Fundamental Rights cannot be amended by Parliament (later overruled partly by Kesavananda Bharati).

Principle

Strict Liability - One who brings dangerous things on land for non-natural use is liable if they escape and cause damage.

Principle

Injuria sine damno - Violation of legal right is actionable even without actual damage.

Principle

Secularism is part of basic structure. Article 356 is justiciable and subject to judicial review.

Principle

Total reservation should not exceed 50% except in exceptional circumstances. Creamy layer among backward classes should be excluded.

Principle

Right to life under Article 21 includes right to livelihood. Eviction must follow due process.

Principle

Vague laws that restrict free speech are unconstitutional. Terms like "offensive" and "annoying" are too subjective for criminal law.

Principle

Right to Privacy is a fundamental right protected under Article 21, subject to reasonable restrictions.

Principle

Section 377 insofar as it criminalizes consensual sexual acts between adults is unconstitutional. Sexual orientation is part of privacy and dignity.

Principle

Judicial review is part of basic structure. Constitution maintains balance between Fundamental Rights and DPSPs - neither is superior.

Principle

Each Fundamental Right operates in its own field independently (Later overruled by Maneka Gandhi case).

Principle

Constitutional amendments are not "law" under Article 13, hence can modify Fundamental Rights.

Principle

Fundamental Rights cannot be amended by Parliament (overruled by Kesavananda Bharati).

Principle

Reaffirmed Parliament's power to amend Fundamental Rights.

Principle

Laws in 9th Schedule after Kesavananda date can be challenged for violating basic structure.

Principle

No law is immune from judicial review if it violates basic structure, even if in 9th Schedule.

Principle

During Emergency, even right to life can be suspended (Later overruled by 44th Amendment).

Principle

High Courts can order CBI investigation to protect fundamental rights, even against state's wish.

Principle

Arrest should be exception, not rule. Section 41 CrPC guidelines must be followed for offences punishable up to 7 years.