Scribd
Upload
9 views

Basic Structure

The document discusses the evolution of the basic structure doctrine of the Indian Constitution. It summarizes the key cases of Shankari Prasad (1951) and Waman Rao (1981) that dealt with amendments to fundamental rights and defined the basic structure. The Supreme Court later determined that while parliament can amend any part of the constitution, including fundamental rights, it cannot do so in a way that affects the basic structure, which includes elements like the supremacy of the constitution, democratic principles, separation of powers, federalism, and secularity.

Uploaded by

Nandini Shivhare
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
9 views

Basic Structure

The document discusses the evolution of the basic structure doctrine of the Indian Constitution. It summarizes the key cases of Shankari Prasad (1951) and Waman Rao (1981) that dealt with amendments to fundamental rights and defined the basic structure. The Supreme Court later determined that while parliament can amend any part of the constitution, including fundamental rights, it cannot do so in a way that affects the basic structure, which includes elements like the supremacy of the constitution, democratic principles, separation of powers, federalism, and secularity.

Uploaded by

Nandini Shivhare
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 23

India’s Independence-

1947
EMERGENCE OF THE BASIC STRUCTURE

The question whether Fundamental Rights can be


amended by the Parliament under Article 368 came for
consideration of the Supreme Court within a year of the
Constitution coming into force.
Shankari Prasad case (1951)
The constitutional validity of the First Amendment Act
(1951), which curtailed the right to property, was
challenged

Supreme Court ruled that the power of the “Law” (Art.13)–


Parliament to amend the Constitution under ordinary law,
Article 368 also includes the power to not Constitutional
amend Fundamental Rights Amendments
Waman Rao case (1981)
ELEMENTS OF THE BASIC
STRUCTURE

The present position is that


the Parliament under Article Supreme Court defines or
368 can amend any part of clarify as to what constitutes
the Constitution including the the ‘basic structure’ of the
Fundamental Rights but Constitution, on case to case
without affecting the ‘basic basis.
structure’ of the Constitution
Elements / Components / Ingredients
of the ‘Basic Structure’

Sovereign,
democratic and Secular character
Supremacy of
republican of the
the
nature of the Constitution
Constitution
Indian polity

Separation of powers
between the legislature,
Federal character of the
the executive and the And
judiciary Constitution so
on…
Evolution of the Basic Structure of the
Constitution

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy