Emergence of the Basic structure
- 1st CAA - 1951 = Curtailed Rt to property
- But A13 = Laws inconsitent with FR is void but not CAA
- Qn whether FR amended?
- Shakari Prasad Case - 1951 = YES
- Golaknath Case 1967 = NO (challenging 17th CAA)
- Qn whether FR amended?
- 24th CAA 1971 = amended A13 & A368 = power to parliament to even remove FR
- KB Case 1973 = can amend but subject to Basic Structure
- 42nd CAA 1976 = no limitation of parliament regarding amendment
- Minerva Mills Case 1980 = above provision invalidated bcos Basic Structure
- Waman Rao Case 1981 = BS Doctrine applies to CAA after 24 April 1973
Elements of the Basic Structure
Present position
- Parliament under Article 368 can amend any part of the Constitution including FR
- But without affecting the 'basic structure' of the Constitution.
- Supreme Court is yet to define or clarify as to what constitutes the 'basic structure' of the Constitution.
- From the various judgments, the following have emerged as 'basic features' of the Constitution
- Supremacy of the Constitution
- Sovereign, democratic and republican nature of the Indian polity
- Secular character of the Constitution
- Separation of powers between the legislature, the executive and the judiciary
- Federal character of the Constitution
- Unity and integrity of the nation
- Welfare state (socio-economic justice)
- Judicial review
- Freedom and dignity of the individual
- Parliamentary system
- Rule of law
- Harmony and balance between Fundamental Rights and Directive Principles
- Principle of equality
- Free and fair elections
- Independence of Judiciary
- Limited power of Parliament to amend the Constitution
- Effective access to justice
- Principle of reasonableness
- Powers of the Supreme Court under Articles 32, 136, 141 and 142