Minerva Mills case -1980
- This case again strengthens the Basic Structure doctrine. The justification struck down 2 amendments made to the Constitution through the 42 Amendment Act in 1976 as hit unto basic structure.
- The judgement shows that the constitution is supreme and not parliament.
- In this case, the Court added two features to the list of basic structure features. They were: judicial review and balance between Fundamental Rights and DPSP.
- The judges ruled that a limited amending power itself is a basic feature of the Constitution.
- The Supreme Court has laid down that though Parliament may alter any other part of the Constitution, it just cannot change its “basic structure”.
- In the Minerva Mills case, the Supreme Court said that ‘India’s Constitution is built on two pillars: important rights and guiding ideas.
- They together make up the main part of their promise to social change.
- The Directive Principles need to be accomplished without breaking the methods given by Fundamental Rights.
- Right now the situation is that Basic Rights are more important than Directive Principles.
- This does not mean that the Directive Principles can’t be put into action.
- The Parliament can change the Basic Rights to put into action the Guiding Principles as long as it doesn’t hurt or ruin this main structure of our Constitution.
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