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LANDMARK CASE

Rustom Cavasjee Cooper v. Union of India

(1970) 1 SCC 248 · Supreme Court of India · Constitutional law

At a glance

  • Citation: (1970) 1 SCC 248
  • Court: Supreme Court of India
  • Area of law: Constitutional law
  • In one line: The nationalisation law was struck down. The Court held fundamental rights are not mutually exclusive, and looked at the effect on rights.

1 Facts

A shareholder challenged the nationalisation of fourteen banks and the compensation offered.

2 Issue

Must laws affecting property and fundamental rights be tested only by the right directly targeted?

3 What the court decided

The nationalisation law was struck down. The Court held fundamental rights are not mutually exclusive, and looked at the effect on rights.

4 Why it matters

It rejected Gopalan's narrow approach and paved the way for Maneka Gandhi.

5 Think about it

What is the 'effect test' and why does it matter?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

How to analyse a judgmentHow to cite this case

7 More cases on Constitutional law

  • A.K. Gopalan v. State of Madras AIR 1950 SC 27
  • ADM Jabalpur v. Shivkant Shukla (1976) 2 SCC 521
  • Air India v. Nergesh Meerza (1981) 4 SCC 335
  • Ajay Hasia v. Khalid Mujib Sehravardi (1981) 1 SCC 722
  • Anuj Garg v. Hotel Association of India (2008) 3 SCC 1
  • Anuradha Bhasin v. Union of India (2020) 3 SCC 637

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