Scribd Logo
Upload

Welcome to Scribd!

  • 16 views

    Basic Structure

    Uploaded by

    znx5fdtkkj
    The document discusses several Supreme Court cases related to amendments of the Indian Constitution and whether Parliament has the power to amend or remove fundamental rights. It established that while Parliament has amending powers, it cannot amend provisions that form the basic structure of the constitution like removal of judicial review or federalism.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Basic Structure

    Uploaded by

    znx5fdtkkj
    16 views1 page
    The document discusses several Supreme Court cases related to amendments of the Indian Constitution and whether Parliament has the power to amend or remove fundamental rights. It established that while Parliament has amending powers, it cannot amend provisions that form the basic structure of the constitution like removal of judicial review or federalism.

    Original Title

    Basic structure

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses several Supreme Court cases related to amendments of the Indian Constitution and whether Parliament has the power to amend or remove fundamental rights. It established that while Parliament has amending powers, it cannot amend provisions that form the basic structure of the constitution like removal of judicial review or federalism.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    16 views1 page

    Basic Structure

    Uploaded by

    znx5fdtkkj
    The document discusses several Supreme Court cases related to amendments of the Indian Constitution and whether Parliament has the power to amend or remove fundamental rights. It established that while Parliament has amending powers, it cannot amend provisions that form the basic structure of the constitution like removal of judicial review or federalism.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 1

    Const validity of 1st ammendment act

    (1951) curtailed right to property -


    challechallenged

    SC -
    art 368 also includes power to ammend
    FR
    Shankari Prasad case (1951)
    Word law in art 13 = only ordinary law
    not CAA

    Parliament can abridge or take away any


    FR -
    const ammendment act ; not void under
    article 13

    Const validity of 17 th ammendment act -


    inserted certain state act in 9th sch -
    challenged

    SC -
    Parliament - 24 CAA -
    FR given transcendental , immutable
    ammended art 13, 368 ; P has power to
    Goloak Nath case ( 1967) position
    abridge or take away any FR under 368 ,
    such act will not be law under art 13
    Parliament cannot abridge / takeaway any
    FR

    CAA also law with in Art 13 -


    void for violating any of FR

    Upheld the validity of 24 Amd act

    P-
    empowered to abridge or take away any FR
    Keshavanand Bharati case (
    New doctrine - Basic structure of const
    1973)
    Art 368 does not enable parliament to alter
    basic structure of constitution

    P-
    can not abridge or take away FR that forms
    a part of basic structure of constitution

    Invalidated 39 th AA; election dispute of PM ,


    42 AA 1976 : ammended art 368 ; there is no
    speaker kept outside jurisdiction of all courts
    limitation on constituent power of
    Indira Nehru Gandhi case ( 1975) parliament & no ammendment can be
    Basic structure of This provision is beyond the ammending
    questioned in any court on any ground
    including contravention of any FR
    constitution power of P ; affected basic feature of const

    Invalidated 42CAA -
    excluded judicial review ; Basic feature

    Const - limited amending power on P

    Limited amending power -


    P- basic structure of const
    Minerva mills case ( 1980) cannot exercise that limited power to
    enlarge power in to absolute power Limitations cannot be destroyed

    P cannot under art 368 , expand its amending


    Donee of limited power cannot by exercise
    power to acquire itself the right to repeal or
    of that power convert limited power to
    abrogate constitution or basic features
    unlimited one

    Waman Rao case ( 1981) Adhered - basic structure Apply to CA enacted after April 24, 1973

    Supermacy of constitution

    Sovereign , democratic , republic nature

    Secular

    Saparation of power Legislature, executive and judiciary

    Federal character of constitution

    Unity and integrity of nation

    Welfare state

    Judicial review

    Freedom and dignity of individuals

    Parliamentary system

    Basic features Rule of law

    Harmony , balance betn FR, DPSP

    Principal of equality

    Free and fair elections

    Independence of judiciary

    Limited power of parliament to ammend


    const

    Effective acess to justice

    Principles underlying FR

    Power of SC - 32, 136, 141, 142

    Power of HC - 226, 227

    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