BASIC STRUCTURE OF THE CONSTITUTION Flashcards
Shankari Prasad vs Union of India, 1951
● Context : Parliament had amended Right to Property by 1st Constitutional Amendment Act, 1951
● Parliament can amend Fundamental Rights
● Constitutional Amendments
● not a ‘Law’ under Article 13
Sajjan Singh vs State of Rajasthan, 1964
● Parliament can amend the Fundamental Rights
● Constitutional Amendments – not a ‘Law’ under Article 13
Golak Nath vs State of Punjab, 1967
● Reversed the stance of Shankari Prasad and Sajjan Singh
● Fundamental Rights are transcendental and immutable
● Cannot be amended by the Parliament
● Constitutional Amendments – are a ‘Law’ under Article 13
24th Constitutional Amendment Act, 1971
● Amended Article 13 and Article 368
● Parliament has the power to amend Fundamental Rights
● Any such Constitutional Amendment – cannot be declared null and void by the Supreme Court
● Constitutional Amendments – not covered under Article 13
● Immunity from Judicial Review
Kesavananda Bharati vs State of Kerala, 1973
● Reversed the stance of Golak Nath vs State of Punjab, 1967
● Parliament has the power to amend Fundamental Rights
● 24th Constitutional Amendment Act, 1971 is valid
Introduced ‘Basic Structure Doctrine’
● Parliament can amend the Constitution and Fundamental Rights
● But cannot amend the Basic Structure of the Constitution
39th Constitutional Amendment Act, 1975
● Election disputes regarding Prime Minister
● Beyond Judicial Review
Indira Nehru Gandhi vs Raj Narain, 1975
● Supreme Court re-affirmed the Basic Structure Doctrine
● Struck down the provisions keeping the disputes outside the Judicial Review
42nd AMENDMENT, 1976
Indira Gandhi Government
● Using 42nd Constitutional Amendment Act, 1976
● Amended Article 368
● Parliament - unrestricted power to amend the Constitution, including the Fundamental Rights
● Any such amendment – not subject to Judicial Review
MINERVA MILLS
Minerva Mills vs Union of India, 1980
● Supreme Court struck down this specific provision of 42nd CAA, 1976
● Constitution has given limited amending power to the Parliament
● Power to amend the Constitution is not absolute
● Judicial Review – part of the Basic Structure of the Constitution
● Limited Amending Power – also a part of the Basic Structure
Waman Rao vs Union of India, 1980
Re-affirmed Basic Structure Doctrine
The term ‘Basic Structure’
● Not mentioned in the Constitution
● Not defined in the Constitution
● Not mentioned in any law of the Parliament
● Not defined in any law of the Parliament
● Supreme Court – in various judgments – has included several components within the definition of
‘Basic Structure’
● Supremacy of the Constitution
● Words mentioned in Preamble – Sovereign, Secular, Democratic, Republic, Justice, Liberty,
Equality, Unity & Integrity of Nation, Dignity of an Individual
● Separation of Powers (Legislature, Executive, Judiciary)
● Federalism
● Supremacy of the Constitution
Words mentioned in Preamble
Sovereign, Secular, Democratic, Republic, Justice, Liberty,
Equality, Unity & Integrity of Nation, Dignity of an Individual
Words mentioned in Preamble
Sovereign, Secular, Democratic, Republic, Justice, Liberty,
Equality, Unity & Integrity of Nation, Dignity of an Individual
ELEMENTS OF BASIC STRUCTURE
● Separation of Powers (Legislature, Executive, Judiciary)
● Federalism
● Welfare State
● Judicial Review
● Independence of Judiciary
● Parliamentary Form of Government
● Rule of Law
● Balance between Fundamental Rights and DPSP
● Free and fair elections
● Limited power of the Parliament to Amend the Constitution
● Writ Jurisdiction of Supreme Court and High Court
● Special Leave Petition of the Supreme Court
Article 227)
Power of Superintendence of High Court over other Courts
Article 142
Power of the Supreme Court to do unrestricted justice
Consider the following statements:
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism,
fundamental rights and democracy
2. The Constitution of India provides for ‘judicial review’ to safeguard the ‘citizens’ liberties and to
preserve the ideals on which the constitution is based
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both1and2 (d) Neither 1 nor 2
D
Borrowed Constitution
● Patchwork of different Constitutions
● Bag of Borrowings
● Hotch-potch Constitution
Dr. B.R. Ambedkar
● There can be nothing new in the scheme of the Constitution
● Faults can be removed
● New features can be added as per the needs of the Country
● Constitution Sui Generis
Carbon Copy of Government of India Act, 1935
● 250 features of Government of India Act, 1935 borrowed
● The Constitution is an amended version of Act of 1935
● Only small number of extra features added
Dr. B.R. Ambedkar
● Details mostly related to the administration
● There is no plagiarism in the scheme of Constitution
Anti-Indian Constitution
The features borrowed from abroad makes it unsuitable for Indians
Un-Gandhian Constitution
● Ideals of Mahatma Gandhi not included
● Contains unnecessary elements
