Basic Structure of the Indian Constitution
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Emergence of the Basic Structure of the Indian Constitution
Shankari Prasad Case (1951):
- The Supreme Court upheld the constitutional validity of the First Amendment Act (1951), stating that Parliament has the power to amend Fundamental Rights under Article 368.
Sajjan Singh Case (1964):
- Reaffirmed the decision in the Shankari Prasad case, holding that a constitutional amendment under Article 368 is not a law under Article 13.
Golak Nath Case (1967):
- Reversed previous rulings, stating that Fundamental Rights are 'transcendental and immutable.' Parliament cannot amend these rights, and a constitutional amendment is a law under Article 13.
24th Amendment Act (1971):
- Enacted in response to Golak Nath case, amending Articles 13 and 368 to affirm Parliament's power to amend Fundamental Rights.
Kesavananda Bharati Case (1973):
- Overruled Golak Nath decision, upholding the 24th Amendment Act. Introduced the 'basic structure' doctrine, limiting Parliament's power to amend the Constitution if it affects its basic structure.
Indira Nehru Gandhi Case (1975):
- Reaffirmed the 'basic structure' doctrine. Invalidated a provision of the 39th Amendment Act (1975) that excluded election disputes involving the Prime Minister and Lok Sabha Speaker from judicial review.
42nd Amendment Act (1976):
- Enacted to counter the 'basic structure' doctrine, stating no limitations on Parliament's power to amend the Constitution. Declared that amendments cannot be questioned in any court.
Minerva Mills Case (1980):
- Supreme Court invalidated the 42nd Amendment provision that excluded judicial review, reaffirming judicial review as a 'basic feature' of the Constitution.
Waman Rao Case (1980):
- Supreme Court confirmed the 'basic structure' doctrine, applying it to amendments enacted after April 24, 1973 (the date of the Kesavananda Bharati judgement).
Reference: Indian Polity by M Laxmikanth
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