Class 3

Question 1

Shankari Prasad vs Union of India, 1951

Answer 1

● Context : Parliament had amended Right to Property by 1st Constitutional Amendment Act, 1951
● Parliament can amend Fundamental Rights
● Constitutional Amendments
● not a ‘Law’ under Article 13

Question 2

Sajjan Singh vs State of Rajasthan, 1964

Answer 2

● Parliament can amend the Fundamental Rights
● Constitutional Amendments – not a ‘Law’ under Article 13

Question 3

Golak Nath vs State of Punjab, 1967

Answer 3

● Reversed the stance of Shankari Prasad and Sajjan Singh
● Fundamental Rights are transcendental and immutable
● Cannot be amended by the Parliament
● Constitutional Amendments – are a ‘Law’ under Article 13

Question 4

AMENDMENT BY THE PARLIAMENT
24th Constitutional Amendment Act, 1971

Answer 4

● Amended Article 13 and Article 368
● Parliament has the power to amend Fundamental Rights
● Any such Constitutional Amendment – cannot be declared null and void by the Supreme Court
● Constitutional Amendments – not covered under Article 13
● Immunity from Judicial Review

Question 5

KESAVANANVA BHARATI
Kesavananda Bharati vs State of Kerala, 1973

Answer 5

● Reversed the stance of Golak Nath vs State of Punjab, 1967
● Parliament has the power to amend Fundamental Rights
● 24th Constitutional Amendment Act, 1971 is valid

Question 6

Introduced ‘Basic Structure Doctrine’

Answer 6

● Parliament can amend the Constitution and Fundamental Rights
● But cannot amend the Basic Structure of the Constitution

Question 7

BASIC STRUCTURE DOCTRINE
39th Constitutional Amendment Act, 1975

Answer 7

● Election disputes regarding Prime Minister
● Beyond Judicial Review

Question 8

Indira Nehru Gandhi vs Raj Narain, 1975

Answer 8

Indira Nehru Gandhi vs Raj Narain, 1975

Question 9

42nd AMENDMENT, 1976
Indira Gandhi Government

Answer 9

● Using 42nd Constitutional Amendment Act, 1976
● Amended Article 368
● Parliament - unrestricted power to amend the Constitution, including the Fundamental Rights
● Any such amendment – not subject to Judicial Review

Question 10

MINERVA MILLS
Minerva Mills vs Union of India, 1980

Answer 10

● Supreme Court struck down this specific provision of 42nd CAA, 1976
● Constitution has given limited amending power to the Parliament
● Power to amend the Constitution is not absolute
● Judicial Review – part of the Basic Structure of the Constitution
● Limited Amending Power – also a part of the Basic Structure

Question 11

WAMAN RAO CASE
Waman Rao vs Union of India, 1980

Answer 11

Re-affirmed Basic Structure Doctrine

Question 12

ELEMENTS OF BASIC STRUCTURE
The term ‘Basic Structure’ 1

Answer 12

● Not mentioned in the Constitution
● Not defined in the Constitution
● Not mentioned in any law of the Parliament
● Not defined in any law of the Parliament
● Supreme Court – in various judgments – has included several components within the definition of
‘Basic Structure’
● Supremacy of the Constitution
● Words mentioned in Preamble – Sovereign, Secular, Democratic, Republic, Justice, Liberty,
Equality, Unity & Integrity of Nation, Dignity of an Individual
● Separation of Powers (Legislature, Executive, Judiciary)
● Federalism
● Supremacy of the Constitution

Question 13

ELEMENTS OF BASIC STRUCTURE
The term ‘Basic Structure’ 2

Answer 13

● Words mentioned in Preamble – Sovereign, Secular, Democratic, Republic, Justice, Liberty,
Equality, Unity & Integrity of Nation, Dignity of an Individual
● Separation of Powers (Legislature, Executive, Judiciary)
● Federalism
● Welfare State
● Judicial Review
● Independence of Judiciary
● Parliamentary Form of Government
● Rule of Law
● Balance between Fundamental Rights and DPSP
● Free and fair elections
● Limited power of the Parliament to Amend the Constitution
● Writ Jurisdiction of Supreme Court and High Court
● Special Leave Petition of the Supreme Court
● Power of Superintendence of High Court over other Courts (Article 227)
● Power of the Supreme Court to do unrestricted justice (Article 142)

Question 14

ELEMENTS OF BASIC STRUCTURE
The term ‘Basic Structure’ 2

Answer 14

● Words mentioned in Preamble – Sovereign, Secular, Democratic, Republic, Justice, Liberty,
Equality, Unity & Integrity of Nation, Dignity of an Individual
● Separation of Powers (Legislature, Executive, Judiciary)
● Federalism
● Welfare State
● Judicial Review
● Independence of Judiciary
● Parliamentary Form of Government
● Rule of Law
● Balance between Fundamental Rights and DPSP
● Free and fair elections
● Limited power of the Parliament to Amend the Constitution
● Writ Jurisdiction of Supreme Court and High Court
● Special Leave Petition of the Supreme Court
● Power of Superintendence of High Court over other Courts (Article 227)
● Power of the Supreme Court to do unrestricted justice (Article 142)