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Judiciary (Doctrine of basic structure (Evolution of JR (Shankari Prasad…
Judiciary
Doctrine of basic structure
Evolution of JR
Golaknath case, 1967
Parliament can't amend FR and the constitution
Kesavananda Bharti case, 1973
Parliament can amend FR and any part of const subject to basic structure of constitution
Shankari Prasad case, 1951
and
Sajjan singh case, 1965
Parliament can amend FR also u/A 368
Parliament enjoys both constituent legislative powers and ordinary legislative powers
Minerva Mills Case, 1980
Reiterated Doctrine of basic structure
Above amend held ultra vires
24th CAA,1971
42nd CAA, 1976
CAA can't be challenged in a court of law
Criticisms
No textual basis
Scope decided by judge
Original intention of constitution makers may not hold good in future