Const validity of 1st ammendment act

(1951) curtailed right to property -

challechallenged

SC -
art 368 also includes power to ammend
FR
Shankari Prasad case (1951)
Word law in art 13 = only ordinary law
not CAA

Parliament can abridge or take away any

FR -
const ammendment act ; not void under
article 13

Const validity of 17 th ammendment act -

inserted certain state act in 9th sch -
challenged

Goloak Nath case ( 1967)
SC -
Parliament - 24 CAA -
FR given transcendental , immutable
ammended art 13, 368 ; P has power to
position
abridge or take away any FR under 368 ,
such act will not be law under art 13
Parliament cannot abridge / takeaway any
FR

CAA also law with in Art 13 -

void for violating any of FR

Upheld the validity of 24 Amd act

P-
empowered to abridge or take away any FR
Keshavanand Bharati case (
New doctrine - Basic structure of const
1973)
Art 368 does not enable parliament to alter
basic structure of constitution

P-
can not abridge or take away FR that forms
a part of basic structure of constitution

Invalidated 39 th AA; election dispute of PM ,

42 AA 1976 : ammended art 368 ; there is no
speaker kept outside jurisdiction of all courts
limitation on constituent power of
Indira Nehru Gandhi case ( 1975) parliament & no ammendment can be
Basic structure of This provision is beyond the ammending
questioned in any court on any ground
including contravention of any FR
constitution power of P ; affected basic feature of const

Invalidated 42CAA -
excluded judicial review ; Basic feature

Const - limited amending power on P

Limited amending power -

P- basic structure of const
Minerva mills case ( 1980) cannot exercise that limited power to
enlarge power in to absolute power Limitations cannot be destroyed

P cannot under art 368 , expand its amending

Donee of limited power cannot by exercise
power to acquire itself the right to repeal or
of that power convert limited power to
abrogate constitution or basic features
unlimited one

Waman Rao case ( 1981) Adhered - basic structure Apply to CA enacted after April 24, 1973

Supermacy of constitution

Sovereign , democratic , republic nature

Secular

Saparation of power Legislature, executive and judiciary

Federal character of constitution

Unity and integrity of nation

Welfare state

Judicial review

Freedom and dignity of individuals

Parliamentary system

Basic features Rule of law

Harmony , balance betn FR, DPSP

Principal of equality

Free and fair elections

Independence of judiciary

Limited power of parliament to ammend

const

Effective acess to justice

Principles underlying FR

Power of SC - 32, 136, 141, 142

Power of HC - 226, 227