Indira Nehru Gandhi v. Raj Narain case – 1975
Instead, basic structure doctrine was entrenched far before it Kesavananda Bharati case had been established that nothing in constitution can be altered in any fashion. However within just two years, the problem resurfaced yet another one Indira Gandhi versus Raj Narain case bothered the court The particulars were that Allahabad High court rescinded petitioner’ election on ground of bribery and cheating. Thus, Parliament passed the 39^{th} Constitutional Amendment Act in order to render null and void such a judgment. Amendment made judgment of the former Allahabad High Court invalid in light that judicial review could never be used against President, Vice-President, Prime Minister and Lok Sabha Speaker.The Amendment provided that the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha could not be subjected to the judicial review, thereby nullifying the effect of the Allahabad High Court judgment. Eventually, the Amendment was constitutionally challenged contending whether it was permissible to nullify the effect of the judgment and also affect the procedure concerning elections. The Supreme Court held that free and fair elections form part of the basic structure doctrine and hence, the clause was held to be invalid. Further, the Court added a few more elements to the doctrine, one of which was democracy implying free and fair elections. Other elements included judicial review, rule of law and Article 32 empowering the Supreme Court.
Basic Structure Doctrine of Indian Constitution
The Basic Structure Doctrine is a foundation stone in comprehending the vitality and plastic nature of our Constitution. This doctrine, established by the Indian Supreme Court serves as a guiding principle. It protects Constitution’s basic structure against amendments that might change its essential concepts. But defining the core of Basic Structure Doctrine reveals the crux of India’s constitutional spirit and its promise to defend democratic values, rights, and rule by law. This article discusses the Basic Structure Doctrine in India, a constitutional principle that limits Parliament’s power to amend fundamental aspects of the Constitution, preserving its core principles.
Table of Content
- Evolution of Basic Structure Doctrine
- Evolution of the Basic Structure Concept
- Shankari Prasad Case – 1951
- Berubari Union Case – 1960
- Sajjan Singh Case -1965
- Golaknath case – 1967
- 24th Constitution Amendment Act – 1971
- Kesavananda Bharati vs. State of Kerala – 1973
- Indira Nehru Gandhi v. Raj Narain case – 1975
- 42nd Amendment Act – 1976
- Minerva Mills case -1980
- Waman Rao Case (1981)
- Indra Sawhney versus Union of India – 1992
- Kihoto Hollohan Case -1993
- S.R. Bommai case – 1994
- Significance of the Basic Structure Doctrine
- Criticisms of Basic Structure Doctrine
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