VIRENDRA’S LAW ACADEMY- INDIAN CONSTITUTION BY SHUBHAM PUSHP

BASIC STRUCTURE OF THE CONSTITUTION

SHANKARI PRASAD CASE 1951

The constitutional validity of the first amendment act 1951 which inserted Art 31 A and Art 31B curtailed the Right to
property, was challenged. The Supreme Court ruled that the power of the Parliament to amend the Constitution under
Art 368 also includes the power to amend Fundamental Rights. The word Law in Article 13 includes only ordinary laws
and not the constitutional amendment acts. Parliament can abridge or take away any of the fundamental rights by
enacting a constitutional amendment act and such law will not be void under art 13.

Golak Nath case 1967

Supreme Court reversed its earlier stand. SC ruled that the Fundamental Rights are given a immutable position and
hence, the parliament cannot abridge or take away any of these rights. A constitutional amendment act is also a law
within the meaning of Article 13 and hence, would be void for violating any of the Fundamental Rights

24th Amendment act 1971

Parliament enacted 24th amend act 1971. This act amended articles 13 and 368. It declared that the Parliament has the
power to abridge or take away any of the fundamental rights under art 368 and such an act will not be a law under the
meaning of Art 13.

KESAVANANDA BHARTI CASE 1973

The Supreme court overruled its judgement in the Golak Nath case. It upheld the validity of the 24 th amend act and
stated that Parliament is empowered to abridge or take away any of the fundamental rights. At the same time it laid
down a new doctrine of the basic structure of the Constitution.

It ruled that the constituent power of Parliament under article 368 does not enable it to alter the basic structure of the
constitution. This means that the Parliament cannot abridge or take away a fundamental right that forms a part of the
basic structure of the constitution.

42nd Amendment Act 1976

This act amended article 368 and declared that there is no limitation on the constituent power of Parliament and no
amendment can be questioned in any court on any ground including that of the contravention of any of the fundamental
rights.

Minerva mills case 1980

Supreme Court invalidated the provision as it excluded judicial review which is a basic feature of the constitution.

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 VIRENDRA’S LAW ACADEMY- INDIAN CONSTITUTION BY SHUBHAM PUSHP

ELEMENTS OF BASIC STRUCTURE

The present position is that the Parliament can amend the constitution including Fundamental Rights but without
changing the basic structure of the constitution

1. Supremacy of the Constitution

2. Sovereign, democratic and republican nature of the Indian polity
3. Secular Character of the Constitution
4. Separation of powers between the legislature, executive and the judiciary
5. Federal structure of the constitution
6. Unity and integrity of the nation
7. Welfare state
8. Judicial review
9. Freedom and dignity of the individual
10. Parliamentary system
11. Rule of law
12. Harmony and balance between fundamental right and directive principles
13. Principle of equality
14. Free and fair election
15. Independence of judiciary
16. Limited power of parliament to amend the constitution
17. Effective access to justice
18. Principles underlying fundamental rights
19. Powers of the supreme court under article 32, 136, 141 and 142
20. Powers of the high courts under article 226 and 227

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