EVOLUTION OF BASIC STRUCTURE OF CONSTITUTION. [ PART 2 ]: UPSC Daily Important Topic | 2 December 2021

1. 24th AMENDMENT OF CONSTITUTION.

• The Parliament reacted to the Supreme Court’s judgement in the Golak Nath case (1967) by enacting the 24th Amendment Act (1971). This Act amended Articles 13 and 368.

• It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an act will not be a law under the meaning of Article 13.

2. KESAVANANDA BHARATI CASE.

• In the Kesavananda Bharati case (1973), the Supreme Court overruled its judgement in the Golak Nath case

(1967). It upheld the validity of the 24th Amendment Act (1971) and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.

• At the same time, it laid down new doctrine of the ‘basic structure’ of the Constitution. It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.

3. 42nd AMENDMENT

• The Parliament reacted to this judicially innovated doctrine of ‘basic structure’ by enacting the 42nd Amendment Act (1976).

• This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground including that of the contravention of any of the Fundamental Rights.

4. MINERVA MILL CASE.

•  The Supreme Court in the Minerva Mills case (1980) invalidated this provision as it excluded judicial review which is a ‘basic feature’ of the Constitution. Applying the doctrine of ‘basic structure’ with respect to Article 368.