Case-4 101 historical cases which changed India. Doctrine of basic structure of Constitution of India.
Table of Contents
Cases Covered:
Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr
We all understand that the government of India has the right to amend the Constitution of India. But can they amend everything. Can they change all the fundamental rights given in constitution?
Here is a landmark judgement decided by the 13 judges bench. In 1963 Kerala land reform Act was enacted. The purpose of this Act was to fullfil the socio economic obligation of the government of Kerala. The government acquired the land belonging to the Edneer Mutt.
Plea or Pettioner-
The petitioner filed a case against the government for infringing his rights given under article 32,25,26,14 and 19(1)(f).Meanwhile many judgments like Madhav Rao Scindia, RC kooper and Golaknath case Supreme court had restricted the rights of parliament.
The parliament passed 24th and 25th Constitutional amendments to nullify the affect of those judgments.
The government than put the Kerala Land reforms in in the ninth Schedule of the Constitution.
The current case was filed against these three amendments in the constitution.
The petitioner said that the power of Parliament is limited. They can change the constitution but cant change every part of it. They said that “the constitution gave the Indian citizen freedom which were to subsist forever and the constitution was drafted to free the nation from any future tyranny of the representatives of the people” They pleaded for the protection of fundamental rights. They pleaded for the protection of their fundamental right of property.
Judgment-
The Supreme court said that the constitution can be changed. There is no such restriction in any part of constitution which restricts the right of government to amend it Article 368 of Indian constitution gives that right .The amendment of Constitution is an excercise of the constituent power. The majority views in Golakhnath case were wrong.
Irrespective of having that unlimited power of making an amendment in the Constitution of India the Government cant amend the provisions which are fundamental features of our Constitution.
CA Shafaly Girdharwal
CA
New Delhi, India
CA Shaifaly Girdharwal is a GST consultant, Author, Trainer and a famous You tuber. She has taken many seminars on various topics of GST. She is Partner at Ashu Dalmia & Associates and heading the Indirect Tax department. She has authored a book on GST published by Taxmann.
