Sajjan Singh Case -1965
It was during this period of agrarian reforms in India that the Parliament passed the Constitution (Seventeenth Amendment) Act, 1964 to amend Article 31A and make a number of statutes fall within the scope on Ninth Schedule. Faced with the amendment, petitioners in this case argued an issue as to whether a fundamental right could be overridden by article 368 of constitution and challenged constitutionality. Relying the constitutional amendment and Shankari Prasad judgment, majority view defined that further provisions of fundamental rights could also be modified by Parliament prospectively as well retrospectively in pursuance to powers under Article 368. However, referring to the dissenting opinion Justice Mudholkar and Hidayatullah held that basis of nomenclature ‘fundamental rights’ denoted such basic features inherent in every individuals right which could not be modified.
In this case also, the SC held that the Parliament can amend any part of the Constitution including the Fundamental Rights. It is of particular significance that two dissenting judges in this case asked whether the fundamental rights of citizens could become a toy for majority party members in Parliament.
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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