Watch Analysis:- https://youtu.
be/Bq3rc6bsPYU
Basic Structure
Article 368
parliament can amend any part of constitution without affecting the basic structure
of constitution.
Article 13
Judicial Review of laws passed by legislature
Emergence Of The Basic Structure
Shankari Prasad v UOI 1st CAA 31 A | 31 B
Parliament can take away any FRs https://youtu.be/Bq3rc6bsPYU
https://youtu.be/Bq3rc6bsPYU
Sajjan Singh V State of Rajasthan
17th CAA A 368 'Amendment Of Constitution'
Golaknath v State Of Punjab Article 368 Article 13
17th CAA Article 13 (2) Includes Amendment if it violate FRs it would be void
Art 368 has only procedure and not power to amend the constitution.
24 th CAA Article 13 (4) Nothing in Article 13 would apply to Article 368
means anything can be done in Article 368
Article 368 (3) Nothing in Article 13 shall apply to Article 368
Heading From 'procedure for amending constitution' to 'power of
parliament to amend constitution and procedure therefore'
Kesavananda Bharti v State of Kerala
24th CAA Scope of amendment Parliament can amend the FRs without
affecting the basic structure
Indira Gandhi v Raj Narain
Addition in basic features
Article 368 (4) & (5) Even part III amended can't be questioned in any court
No limitations of amending power of parliament
Minerva Mills v UOI Constitution is Supreme
42nd CAA A 368 (4) & (5) Attacking Basic Features i.e. limited nature of
power to amend / Judicial review
Supreme Court declared unconstitutional https://youtu.be/Bq3rc6bsPYU
Some Basic Features https://youtu.be/Bq3rc6bsPYU
Keshavanand Bharati case 1973 Fundamental rights case
Supreme constitution | separation of power between legislature, judiciary &
executive | republic and democratic government | secular Federal | sovereignty and
Unity | freedom and dignity of individual | welfare state | parliamentary system
Indira Gandhi case 1975 Election Case
India is sovereign democratic republic | equality of status and opportunity |
secularism and freedom of conscience and religion | rule of law | judicial review | free
and fair election
Minerva Mills Case 1980
Limited power of parliament to amendment | judicial review | Harmony and balance
between FRs and DPSP
Central coal field Ltd. Case Effective access to justice
Bhim Singh Ji case Welfare state (socio economic justice)
SP Sampath Kumar case P Sambamurthy case
Rule of law | Judicial review
Delhi Judicial Service Association case
Power of Supreme court under article 32 | article 136 | article 141 and article 142
Indira Sawhney case mandal case
Rule of law https://youtu.be/Bq3rc6bsPYU
Kumar Padma Prasad case Independence of judiciary
Kihoto Hollohan case Defection case
Free and fair election | Sovereign, democratic, Republican structure
Raghunath Rao case principal of equality | unity and integrity of India
SR Bommai case
federalism | secularism | democracy | unity and integrity of nation | social Justice |
Judicial review
L Chandra Kumar case Power of high court under artical 226 and 227
https://youtu.be/Bq3rc6bsPYU
Indira Sawhney II case Principal of equality https://youtu.be/Bq3rc6bsPYU
All India Judges Association case independent judicial system
Kuldeep Nayar case Democracy | Free and fair elections
M Nagraj case Principle of equality
IR Coelho case IX schedule case
Rule of law | separation of powers | principle underlying fundamental rights | Judicial
review | principle of equality
Ram Jethamalani Case Article 32 power of Supreme Court
Namit Sharma case Freedom and dignity of individual
Madras bar Association Judicial review | power of high court under
article 226 and 227
