THE BASIC STRUCTURE OF CONSTITUTION UNDER ARTICLE 368

 

Hello guys welcome back to my blog, hope you are all good. Today  i like to discuss on most controversial topic ,but before we starts first answer my such question given below:

Q. Is parliament amend the constitution?

Q. What is the limit of  Parliament's power?

To answer such questions ,let us quickly go through the solution provided bellow:

Constitution of India itself says, "with the changing of time ,whenever there will be need to add new feature so parliament amend the constitution".

Let us see the further Articles(13,368) provided in the Indian constitution.

ARTICLE 13:-

Says Parliament cannot amend the constitution which are inconsistent to the fundamental rights or violative to Fundamental Rights.

ARTICLE 368:-

Says parliament has power to alter any part of the constitution or change the constitution.

So through 1st constitutional amendment act there are major changes done by parliament , first is Article 31A and 31B also second is Article 19(1)(g)

So after this Act passed ,then it had been challenged in this case known as:

1. SHANKARI PRASAD V. UNION OF INDIA

In this case Supreme court case ,that first constitutional amendment is valid and Parliament can amend the Fundamental rights. Further Supreme court says that Article 13 will be applicable on ordinary laws and not on Article 368

So Parliament can amend fundamental Rights also.

    

2.SAJJAN SINGH V. STATE OF RAJASTHAN

In this case also same judgment has passed as was in shankari prasad's case. "Parliament can amend the fundamental rights.

Bench of Supreme Court:-

C.J. Gajendra gadkar was satisfied with this judgment, but J.Hidayatulla and J.Madholkar has not satisfied with the judgment and they refer the case to 11 judges bench.

3.GOLAKNATH V. STATE OF PUNJAB

The main crux of this case ,and few important points of the judgment are

1.  Parliament cannot abridges fundamental rights.
2. Subject to limitation and judicial review is must.
3. Article 13 will apply on Article 368 

it says just reverse in Golaknath Case. And this judgement helps in increasing the power of Supreme Court also this is like a Punch given by a hero and established itself as a real hero, ended up a tussle going between Parliament and Supreme Court.

4. 24 CONSTITUTIONAL AMENDMENT ACT 

Now this time Parliament came up with full energy again after being defeated in Golaknath case   . This time parliament has amended the Article 13 which is root cause of this case. It has added the clause 4 in Article 13 and clause 3 in Article 368 .Article 13(4) says, Nothing in this Article shall apply to any amendment of this Constitution made under Article 368.

Article 368(3) says, Nothing in  Article 13 shall Apply to any amendment made under this Article.

So with this Parliament has power to amend any part of Constitution including Fundamental Rights

later on-

25th Constitutional Amendment-Property rights becomes mere a legal rights.

26th Constitutional Amendment-Privy purse has completely reduced.

29th Constitutional Amendment-Changes made in Land Reforms.

5. KESHVANANDA BHARTI V. STATE OF KERELA 

24th CAA,25th CAA, 26th CAA ,29th CAA also Golaknath case has been challenged in Keshvananda Bharti case.

How far Parliament Amend the Constitution?

 So for this case Supreme Court constituted 13 judge bench , and they all concluded that Parliament can Amend the Constitution . So with this they all have evolved one Doctrine which is "DOCTRINE OF BASIC STRUCTURE"  .In this Doctrine they have clearly quoted that Parliament did not Amend Basic features of Constitution .Basic features really means about Preamble ,Basic Fundamental Rights and many more. Keshvananda Bharti's judgement has been passed on 24 April 1973  and this judgement is not Retrospective in nature , it is Prospective in nature.

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