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Basic Structure of the Constitution (CASES (2) Golak Nath Case, 1967 (The…
Basic Structure of the Constitution
It puts limits to the legislative powers of the Parliament and stops it from turning this limited power into absolute power. The elements of 'Basic Structure' of the Constitution aren't defined by the Supreme Court but they are implicit in various judgement by the SC.
CASES
1)
Shankari Prasad Case, 1951
The constitution validity of
First Amendment Act, 1951
, which
curtailed the Right to Property
was challenged.
SC ruled that the definition of
law
as mentioned in
Article 13
of Indian Constitution
doesn't include Amendment Bills
and thus, Parliament can abrogate Fundamental Rights by passing Amendment Bills and they'll be outside the purview of Judicial review.
2)
Golak Nath Case, 1967
The constitutional validity of
Seventh Amendment Act, 1964
was challenged in the SC as it inserted certain State Acts in 9th Schedule.
SC ruled that
Amendment Acts come under the purview of Article 13
and hence, they can be put under Judicial Review. Also,
SC ruled that FR are transcendental and immutable
and can't be bridged away by an Amendment Act.
Parliament reacted to the ruling of Golak Nath Case, 1967 by passing
24th Constitutional Amendment Act, 1971
. It
amended Article 13 and Article 368
and gave Parliament infinite powers to amend constitution and abrogate any FRs.
3)
Kesvananda Bharti Case, 1973
SC
overruled it's verdict in Golak Nath Case, 1967
and
upheld the validity of 24th CAA, 1971
. It stated that Parliament can bridge away FRs of the citizens by passing amendment acts but it can't alter the
"Basic Structure"
of the constitution.
Thus, the
constitutional doctrine of Basic Structure was conceived in Kesvananda Bharti Case, 1973
4)
Indira Nehru Gandhi Case, 1975
SC declared the
39th Constitutional Amendment Act as unconstitutional
as it had put the
matters related to election disputes of PM and LS Speaker, outside the purview of every court
.
SC ruled that
'Judicial Review' forms the 'Basic Structure' of the constitutional
5)
42nd Constitutional Amendment Act, 1976
This parliamentary act
reacted to the judicial creation of Basic Structure doctrine.
The act
amended Article 368
and gave Parliament
absolute powers wrt amending the constitution and abrogating FRs
of the citizens. Also, it included that
such amendments can't be questioned in any court of law.
6)
Minerva Mills Case, 1908
SC
declared 42nd CAA, 1976 unconstitutional as it excluded 'Judicial review' which was the part of basic structure
of the constitution.
7)
Waman Rao Case, 1981
SC adhered to the guidelines set under the Basic Structure Doctrine and ruled that it would apply to constitutional amendments enacted after April 24, 1973.