Waman Rao Case (1981)
- The SC again reiterated the Basic Structure doctrine.
- It also made a cut off as April the 24th, 1973 i.e., date of Kesavananda Bharati judgement and stated that it should not be used backward (retrospective) to reopen discussion on validity of any amendment taken place prior to such a day in future
- In the case of Kesavananda Bharati, the petitioner had challenged Constitution (29th Amendment) Act 1972 by which Kerala Land Reforms Act and its amending act were placed in nineth Schedule.
- The 9 th Schedule was added to the Constitution with Article 31-B as a protective umbrella of land reforms laws by First Amendment in delegating powers under article
- This was to avoid them being sued in court.
- Article 13 (2) states that there shall be no law in the state which is anti fundamental rights and any law made under contravention of fundamental right will stand void.
- Now, Article 31-B protects laws from the above scrutiny. Laws enacted under it and placed in the 9th Schedule are immune to challenge in a court, even if they go against fundamental rights.
- Based on the Waman Rao case, amendments to 9 th Schedule legislations up until Kesavananda judgement are lawful and those passed after that date might be tested.
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