Overview: Amendment of Fundamental Rights Cases

Overview: Amendment of Fundamental Rights Cases

Question: Fundamental Rights/FR are the bulwark of the Indian constitution. Provide an overview of the amendment of FR cases.

Shankari Prasad Vs. Union of India AIR 1951:

• This case came up before the SC and indicated FR could be amended
• It challenged the validity of the First AA to the Constitution of India
• It purported to abridge FR under Part III of the Constitution
• SC held power to amend FR is held by A368

Golaknath Vs. State of Punjab AIR 1967

• SC overruled the earlier decision and held that Parliament does not have power to amend Part III of the Indian Constitution
• Doctrine of prospective overruling was invoked
• This doctrine was used to preserve the constitutional validity of the 17th AA

24th Amendment act 1971

• This restored constitutional power to the Parliament to amend part of the Indian Constitution including FR

Keshavanada Bharti Vs. State of Kerala AIR 1973

• It held that the Parliament under Indian Constitution is not supreme and it cannot change the basic structure of the Indian Constitution

42nd Amendment act 1976

• It held that it is ultra Vires of Parliament to make laws seeking any amendment of the constitution which would infringe, restrict or diminish rights of individuals.

• Amendment had four major purposes:

i. Exclude the courts entirely from election disputes;
ii. To strengthen the central government
iii. To give maximal protection from judicial challenge
iv. ‘To trim’ the judiciary,

• This constitutional amendment is the most debatable piece of AA ever undertaken in India since 1950

Minerva Mills Vs. Union of India, AIR 1980

• In this case, SC provided key clarifications on interpretation of doctrine of basic structure and ruled the Parliament has the power to amend the constitution in a way that is limited by the constitution

Facts and Stats

• A368 is concerned with the amendment of the Constitution

• At different times, court has ruled Parliament does or does not have the power to amend FR

• Fundamental Rights are justifiable and enforceable