Shankari Prasad Case – 1951
One of the early cases, on Hon’ble Supreme Court setting about developing basic structure doctrine in India is that of Shankari Prasad. In this case, the court was dealing with constitutionality of First Amendment Act 1951 which affected fundamental right under article 300A relating to property. Upholding the amendment, the Supreme Court opined that the Parliament had the power under Article 368 to modify any part of the Indian Constitution by way of constitutional amendment, including the fundamental rights. Thus, the position of law after this judgment was that the State had the power to take away/restrict the fundamental rights of people through a constitutional amendment and such an amendment would not be even nullified by Article 13 of the Indian Constitution.
- A court case where Shankari Prasad and others challenged the government of India in 1951 about certain issues related to citizenship rights.In this instance, the legality of the First Amendment Act (1951) was questioned.
- The Supreme Court said that the power of Parliament, using Article 368 in their rules, can also change Fundamental Rights.The word ‘law’ in Article 13 covers just normal laws and not changes to the constitution (laws made by a country).
- So, the Parliament can remove or reduce any Basic Rights by passing a law that changes the constitution. Such laws cannot be thrown out under Article 13.
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