Important Amendments in Indian Constitution UPSC (upto 105th) | Indian Polity for UPSC CSE PDF Download

 Page 1


Important Amendments in Indian Constitution – UPSC
Important amendments in Indian constitution
Constitution provides for its amendment in order to adjust itself to the changing
conditions and needs.
Indian Constitution is neither flexible nor rigid but a synthesis of both.
Article 368 in Part XX – deals with the powers of the Parliament to amend the
Constitution and its procedure.
Article 368 states that “the Parliament may amend by way of addition, variation or
repeal any provision of the Constitution in accordance with the procedure laid
down for the purpose”.
However, the Parliament cannot amend those provisions which form the ‘ basic
structure ’ of the Constitution – ruled by the Supreme Court in the Kesavananda
Bharathi vs. State of Kerala (1973) case.
Procedure for Amendment as Laid Down in Article 368 Part XX
1. Amendment of the Constitution can be initiated only by the introduction of a bill in
either of the House and not in the state legislatures.
2. The Bill can be introduced either by a minister or by a private member and doesn’t
require prior permission of the President.
3. The bill must be passed in each House by a Special Majority.
4. Each House must pass the bill separately. In case of a disagreement between the 2
Houses, there is no provision for holding a joint sitting of the 2 Houses.
5. If the bill seeks to amend the federal provisions of the Constitution, it must also
be ratified by the state legislatures of half of the states by a simple majority.
6. After duly passed by both Houses and ratified by the state legislatures, the Bill is
presented to the President for assent.
7. The President must give his assent; he can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament.
8. After the President’s assent, the Bill becomes an Act (CAA).
Types of Majority
Simple Majority
Simple majority or working majority refers to the majority of more than 50% of the
members present and voting.
Absolute Majority
Page 2


Important Amendments in Indian Constitution – UPSC
Important amendments in Indian constitution
Constitution provides for its amendment in order to adjust itself to the changing
conditions and needs.
Indian Constitution is neither flexible nor rigid but a synthesis of both.
Article 368 in Part XX – deals with the powers of the Parliament to amend the
Constitution and its procedure.
Article 368 states that “the Parliament may amend by way of addition, variation or
repeal any provision of the Constitution in accordance with the procedure laid
down for the purpose”.
However, the Parliament cannot amend those provisions which form the ‘ basic
structure ’ of the Constitution – ruled by the Supreme Court in the Kesavananda
Bharathi vs. State of Kerala (1973) case.
Procedure for Amendment as Laid Down in Article 368 Part XX
1. Amendment of the Constitution can be initiated only by the introduction of a bill in
either of the House and not in the state legislatures.
2. The Bill can be introduced either by a minister or by a private member and doesn’t
require prior permission of the President.
3. The bill must be passed in each House by a Special Majority.
4. Each House must pass the bill separately. In case of a disagreement between the 2
Houses, there is no provision for holding a joint sitting of the 2 Houses.
5. If the bill seeks to amend the federal provisions of the Constitution, it must also
be ratified by the state legislatures of half of the states by a simple majority.
6. After duly passed by both Houses and ratified by the state legislatures, the Bill is
presented to the President for assent.
7. The President must give his assent; he can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament.
8. After the President’s assent, the Bill becomes an Act (CAA).
Types of Majority
Simple Majority
Simple majority or working majority refers to the majority of more than 50% of the
members present and voting.
Absolute Majority
The absolute majority refers to the majority of more than 50% of the total strength of the
house.
Effective Majority
Effective Majority of the house means more than 50% of the effective strength of the
house. This implies that out of the total strength, we deduct the absent and vacant seats.
Special Majority
Any Majority other than a simple, absolute, and effective majority is called a special
majority. These include
Majority by two-third strength of the house {example impeachment of the president
under article 61}
The majority by two-third of present and voting members {Example Power of
Parliament to legislate with respect to a matter in the State List in the national interest,
under article 249}; certain constitution amendment bills, etc.
Absolute majority + the majority of two-third present and voting {Example:
Removal of Supreme Court Judge, CAG, etc.
Examples of Majorities in the Constitution
Impeachment of President: Special Majority
According to Article 61, When a President is to be impeached for violation of the
Constitution; the charge shall be preferred by either House of Parliament. A 14
days’ notice to move a resolution is given. Then, the resolution has to be passed
by a majority of not less than two-thirds of the total membership of the House.
This is an example of a Special Majority.
Removal of the Vice-President: Effective Majority
Vice-President may be removed from his office by a resolution of Rajya Sabha
passed by a majority of all the then members of the Rajya Sabha and agreed to
Lok Sabha. This is an example of an effective majority in Rajya Sabha.
Removal of Deputy chairman Rajya Sabha: Effective Majority
A member holding office as Deputy Chairman of Rajya Sabha may be removed
from his office by a resolution of the Council passed by a majority of all the then
members of the Council. (Simple Majority in Rajya Sabha)
Removal of Speaker and Lok Sabha Speaker: Effective Majority
Member holding office as Speaker or Deputy Speaker of the House of the People
may be removed from his office by a resolution of the House of the People
passed by a majority of all the then members of the House.
Page 3


Important Amendments in Indian Constitution – UPSC
Important amendments in Indian constitution
Constitution provides for its amendment in order to adjust itself to the changing
conditions and needs.
Indian Constitution is neither flexible nor rigid but a synthesis of both.
Article 368 in Part XX – deals with the powers of the Parliament to amend the
Constitution and its procedure.
Article 368 states that “the Parliament may amend by way of addition, variation or
repeal any provision of the Constitution in accordance with the procedure laid
down for the purpose”.
However, the Parliament cannot amend those provisions which form the ‘ basic
structure ’ of the Constitution – ruled by the Supreme Court in the Kesavananda
Bharathi vs. State of Kerala (1973) case.
Procedure for Amendment as Laid Down in Article 368 Part XX
1. Amendment of the Constitution can be initiated only by the introduction of a bill in
either of the House and not in the state legislatures.
2. The Bill can be introduced either by a minister or by a private member and doesn’t
require prior permission of the President.
3. The bill must be passed in each House by a Special Majority.
4. Each House must pass the bill separately. In case of a disagreement between the 2
Houses, there is no provision for holding a joint sitting of the 2 Houses.
5. If the bill seeks to amend the federal provisions of the Constitution, it must also
be ratified by the state legislatures of half of the states by a simple majority.
6. After duly passed by both Houses and ratified by the state legislatures, the Bill is
presented to the President for assent.
7. The President must give his assent; he can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament.
8. After the President’s assent, the Bill becomes an Act (CAA).
Types of Majority
Simple Majority
Simple majority or working majority refers to the majority of more than 50% of the
members present and voting.
Absolute Majority
The absolute majority refers to the majority of more than 50% of the total strength of the
house.
Effective Majority
Effective Majority of the house means more than 50% of the effective strength of the
house. This implies that out of the total strength, we deduct the absent and vacant seats.
Special Majority
Any Majority other than a simple, absolute, and effective majority is called a special
majority. These include
Majority by two-third strength of the house {example impeachment of the president
under article 61}
The majority by two-third of present and voting members {Example Power of
Parliament to legislate with respect to a matter in the State List in the national interest,
under article 249}; certain constitution amendment bills, etc.
Absolute majority + the majority of two-third present and voting {Example:
Removal of Supreme Court Judge, CAG, etc.
Examples of Majorities in the Constitution
Impeachment of President: Special Majority
According to Article 61, When a President is to be impeached for violation of the
Constitution; the charge shall be preferred by either House of Parliament. A 14
days’ notice to move a resolution is given. Then, the resolution has to be passed
by a majority of not less than two-thirds of the total membership of the House.
This is an example of a Special Majority.
Removal of the Vice-President: Effective Majority
Vice-President may be removed from his office by a resolution of Rajya Sabha
passed by a majority of all the then members of the Rajya Sabha and agreed to
Lok Sabha. This is an example of an effective majority in Rajya Sabha.
Removal of Deputy chairman Rajya Sabha: Effective Majority
A member holding office as Deputy Chairman of Rajya Sabha may be removed
from his office by a resolution of the Council passed by a majority of all the then
members of the Council. (Simple Majority in Rajya Sabha)
Removal of Speaker and Lok Sabha Speaker: Effective Majority
Member holding office as Speaker or Deputy Speaker of the House of the People
may be removed from his office by a resolution of the House of the People
passed by a majority of all the then members of the House.
Removal of Supreme Court Judge: Absolute + Special Majority
A Judge of the Supreme Court shall not be removed from his office except by an
order of the President passed after an address by each House of Parliament
supported by a majority of the total membership of that House (Absolute Majority)
and by a majority of not less than two-thirds of the members of that House
present and voting (Special Majority) voting has been presented to the President
in the same session for such removal on the ground of proved misbehavior or
incapacity. (Article 124)
Abolition of Council of States: Absolute + Special Majority
Parliament may by law provide for the abolition of the Legislative Council of a
State having such a Councilor for the creation of such a Council in a State having
no such Council if the Legislative Assembly of the State passes a resolution to
that effect by a majority of the total membership of the Assembly (Absolute
Majority) and by a majority of not less than two-thirds of the members of the
Assembly present and voting. (Special Majority) Article 169 (1).
Removal of Speaker or Deputy Speaker of Assembly: (Effective Majority)
Speaker or Deputy Speaker of Assembly may be removed from his office by a
resolution of the Assembly passed by a majority of all the then members of the
Assembly (Effective Majority). Article 179 (C)
Removal of Chairman or Deputy Chairman of a Legislative Council: (Effective
Majority)
Chairman or Deputy Chairman of a Legislative Council may be removed from his
office by a resolution of the Council passed by a majority of all the then members
of the Council. (Simple Majority) Article 183 (C)
Emergency Proclamation (Absolute + Special Majority)
According to article 352 (4) an emergency proclamation is laid before each House
of Parliament and shall cease to operate at the expiration of one month unless
before the expiration of that period it has been approved by resolutions of both
Houses of Parliament. Once approved it shall cease to be in force if again not
approved within six months. For both of these purposes, the resolution should be
passed by either House of Parliament only by a majority of the total membership
of that House (Absolute Majority) and by a majority of not less than two-thirds of
the Members of that House present and voting. (Special Majority)
Amendment of the Constitution via article 368: (Absolute + Special Majority)
According to Article 368(2), the amendment to Constitution may be initiated only
by the introduction of a Bill for the purpose in either House of Parliament, and
when the Bill is passed in each House by a majority of the total membership of
that House (Absolute Majority) and by a majority of not less than two-thirds of the
members of that House present and voting, (special Majority).
Further, if the amendment of the constitution also requires the assent of the state
assemblies, they can pass the constitutional Amendment Bill with a simple
majority.
Page 4


Important Amendments in Indian Constitution – UPSC
Important amendments in Indian constitution
Constitution provides for its amendment in order to adjust itself to the changing
conditions and needs.
Indian Constitution is neither flexible nor rigid but a synthesis of both.
Article 368 in Part XX – deals with the powers of the Parliament to amend the
Constitution and its procedure.
Article 368 states that “the Parliament may amend by way of addition, variation or
repeal any provision of the Constitution in accordance with the procedure laid
down for the purpose”.
However, the Parliament cannot amend those provisions which form the ‘ basic
structure ’ of the Constitution – ruled by the Supreme Court in the Kesavananda
Bharathi vs. State of Kerala (1973) case.
Procedure for Amendment as Laid Down in Article 368 Part XX
1. Amendment of the Constitution can be initiated only by the introduction of a bill in
either of the House and not in the state legislatures.
2. The Bill can be introduced either by a minister or by a private member and doesn’t
require prior permission of the President.
3. The bill must be passed in each House by a Special Majority.
4. Each House must pass the bill separately. In case of a disagreement between the 2
Houses, there is no provision for holding a joint sitting of the 2 Houses.
5. If the bill seeks to amend the federal provisions of the Constitution, it must also
be ratified by the state legislatures of half of the states by a simple majority.
6. After duly passed by both Houses and ratified by the state legislatures, the Bill is
presented to the President for assent.
7. The President must give his assent; he can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament.
8. After the President’s assent, the Bill becomes an Act (CAA).
Types of Majority
Simple Majority
Simple majority or working majority refers to the majority of more than 50% of the
members present and voting.
Absolute Majority
The absolute majority refers to the majority of more than 50% of the total strength of the
house.
Effective Majority
Effective Majority of the house means more than 50% of the effective strength of the
house. This implies that out of the total strength, we deduct the absent and vacant seats.
Special Majority
Any Majority other than a simple, absolute, and effective majority is called a special
majority. These include
Majority by two-third strength of the house {example impeachment of the president
under article 61}
The majority by two-third of present and voting members {Example Power of
Parliament to legislate with respect to a matter in the State List in the national interest,
under article 249}; certain constitution amendment bills, etc.
Absolute majority + the majority of two-third present and voting {Example:
Removal of Supreme Court Judge, CAG, etc.
Examples of Majorities in the Constitution
Impeachment of President: Special Majority
According to Article 61, When a President is to be impeached for violation of the
Constitution; the charge shall be preferred by either House of Parliament. A 14
days’ notice to move a resolution is given. Then, the resolution has to be passed
by a majority of not less than two-thirds of the total membership of the House.
This is an example of a Special Majority.
Removal of the Vice-President: Effective Majority
Vice-President may be removed from his office by a resolution of Rajya Sabha
passed by a majority of all the then members of the Rajya Sabha and agreed to
Lok Sabha. This is an example of an effective majority in Rajya Sabha.
Removal of Deputy chairman Rajya Sabha: Effective Majority
A member holding office as Deputy Chairman of Rajya Sabha may be removed
from his office by a resolution of the Council passed by a majority of all the then
members of the Council. (Simple Majority in Rajya Sabha)
Removal of Speaker and Lok Sabha Speaker: Effective Majority
Member holding office as Speaker or Deputy Speaker of the House of the People
may be removed from his office by a resolution of the House of the People
passed by a majority of all the then members of the House.
Removal of Supreme Court Judge: Absolute + Special Majority
A Judge of the Supreme Court shall not be removed from his office except by an
order of the President passed after an address by each House of Parliament
supported by a majority of the total membership of that House (Absolute Majority)
and by a majority of not less than two-thirds of the members of that House
present and voting (Special Majority) voting has been presented to the President
in the same session for such removal on the ground of proved misbehavior or
incapacity. (Article 124)
Abolition of Council of States: Absolute + Special Majority
Parliament may by law provide for the abolition of the Legislative Council of a
State having such a Councilor for the creation of such a Council in a State having
no such Council if the Legislative Assembly of the State passes a resolution to
that effect by a majority of the total membership of the Assembly (Absolute
Majority) and by a majority of not less than two-thirds of the members of the
Assembly present and voting. (Special Majority) Article 169 (1).
Removal of Speaker or Deputy Speaker of Assembly: (Effective Majority)
Speaker or Deputy Speaker of Assembly may be removed from his office by a
resolution of the Assembly passed by a majority of all the then members of the
Assembly (Effective Majority). Article 179 (C)
Removal of Chairman or Deputy Chairman of a Legislative Council: (Effective
Majority)
Chairman or Deputy Chairman of a Legislative Council may be removed from his
office by a resolution of the Council passed by a majority of all the then members
of the Council. (Simple Majority) Article 183 (C)
Emergency Proclamation (Absolute + Special Majority)
According to article 352 (4) an emergency proclamation is laid before each House
of Parliament and shall cease to operate at the expiration of one month unless
before the expiration of that period it has been approved by resolutions of both
Houses of Parliament. Once approved it shall cease to be in force if again not
approved within six months. For both of these purposes, the resolution should be
passed by either House of Parliament only by a majority of the total membership
of that House (Absolute Majority) and by a majority of not less than two-thirds of
the Members of that House present and voting. (Special Majority)
Amendment of the Constitution via article 368: (Absolute + Special Majority)
According to Article 368(2), the amendment to Constitution may be initiated only
by the introduction of a Bill for the purpose in either House of Parliament, and
when the Bill is passed in each House by a majority of the total membership of
that House (Absolute Majority) and by a majority of not less than two-thirds of the
members of that House present and voting, (special Majority).
Further, if the amendment of the constitution also requires the assent of the state
assemblies, they can pass the constitutional Amendment Bill with a simple
majority.
1. By Simple Majority of the Parliament – outside the scope of Article 368
Admission or establishment of new states.
Formation of new states or alteration of areas, boundaries, or names of existing states.
Abolition or creation of legislative council in states.
2nd Schedule – emoluments, allowances, privileges, etc. of the
President/Governor/Speakers/Judges.
Quorum in Parliament.
Salaries and allowances of MPs.
Rules of procedure in Parliament.
Privileges of the Parliament, its members, and its committees.
Use of English language in Parliament.
Number of puisne judges in SC.
Conferment of more jurisdictions on the SC.
Use of official language.
Citizenship – acquisition, and termination.
Election to the Parliament and State legislatures.
Delimitation of constituencies.
Union Territories.
5th Schedule – administration of scheduled areas and scheduled tribes.
6th Schedule – administration of tribal areas.
2. By Special Majority of the Parliament
FRs
DPSPs
All other provision which is not covered under (1) and (3)
3. By Special Majority of the Parliament and the ratification of half of state legislatures
Election of the President and its manner.
Extent of the executive power of the Union and the states.
SCs and HCs.
Distribution of legislative powers between the Union and the states.
Any of the lists in the 7th Schedule.
Representation of states in Parliament.
Power of Parliament to amend the Constitution and its procedure (Article 368 itself)
Amendability of Fundamental Rights
As per the Constitution, Article 13(2) states that no laws can be made that take
away fundamental rights.
Page 5


Important Amendments in Indian Constitution – UPSC
Important amendments in Indian constitution
Constitution provides for its amendment in order to adjust itself to the changing
conditions and needs.
Indian Constitution is neither flexible nor rigid but a synthesis of both.
Article 368 in Part XX – deals with the powers of the Parliament to amend the
Constitution and its procedure.
Article 368 states that “the Parliament may amend by way of addition, variation or
repeal any provision of the Constitution in accordance with the procedure laid
down for the purpose”.
However, the Parliament cannot amend those provisions which form the ‘ basic
structure ’ of the Constitution – ruled by the Supreme Court in the Kesavananda
Bharathi vs. State of Kerala (1973) case.
Procedure for Amendment as Laid Down in Article 368 Part XX
1. Amendment of the Constitution can be initiated only by the introduction of a bill in
either of the House and not in the state legislatures.
2. The Bill can be introduced either by a minister or by a private member and doesn’t
require prior permission of the President.
3. The bill must be passed in each House by a Special Majority.
4. Each House must pass the bill separately. In case of a disagreement between the 2
Houses, there is no provision for holding a joint sitting of the 2 Houses.
5. If the bill seeks to amend the federal provisions of the Constitution, it must also
be ratified by the state legislatures of half of the states by a simple majority.
6. After duly passed by both Houses and ratified by the state legislatures, the Bill is
presented to the President for assent.
7. The President must give his assent; he can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament.
8. After the President’s assent, the Bill becomes an Act (CAA).
Types of Majority
Simple Majority
Simple majority or working majority refers to the majority of more than 50% of the
members present and voting.
Absolute Majority
The absolute majority refers to the majority of more than 50% of the total strength of the
house.
Effective Majority
Effective Majority of the house means more than 50% of the effective strength of the
house. This implies that out of the total strength, we deduct the absent and vacant seats.
Special Majority
Any Majority other than a simple, absolute, and effective majority is called a special
majority. These include
Majority by two-third strength of the house {example impeachment of the president
under article 61}
The majority by two-third of present and voting members {Example Power of
Parliament to legislate with respect to a matter in the State List in the national interest,
under article 249}; certain constitution amendment bills, etc.
Absolute majority + the majority of two-third present and voting {Example:
Removal of Supreme Court Judge, CAG, etc.
Examples of Majorities in the Constitution
Impeachment of President: Special Majority
According to Article 61, When a President is to be impeached for violation of the
Constitution; the charge shall be preferred by either House of Parliament. A 14
days’ notice to move a resolution is given. Then, the resolution has to be passed
by a majority of not less than two-thirds of the total membership of the House.
This is an example of a Special Majority.
Removal of the Vice-President: Effective Majority
Vice-President may be removed from his office by a resolution of Rajya Sabha
passed by a majority of all the then members of the Rajya Sabha and agreed to
Lok Sabha. This is an example of an effective majority in Rajya Sabha.
Removal of Deputy chairman Rajya Sabha: Effective Majority
A member holding office as Deputy Chairman of Rajya Sabha may be removed
from his office by a resolution of the Council passed by a majority of all the then
members of the Council. (Simple Majority in Rajya Sabha)
Removal of Speaker and Lok Sabha Speaker: Effective Majority
Member holding office as Speaker or Deputy Speaker of the House of the People
may be removed from his office by a resolution of the House of the People
passed by a majority of all the then members of the House.
Removal of Supreme Court Judge: Absolute + Special Majority
A Judge of the Supreme Court shall not be removed from his office except by an
order of the President passed after an address by each House of Parliament
supported by a majority of the total membership of that House (Absolute Majority)
and by a majority of not less than two-thirds of the members of that House
present and voting (Special Majority) voting has been presented to the President
in the same session for such removal on the ground of proved misbehavior or
incapacity. (Article 124)
Abolition of Council of States: Absolute + Special Majority
Parliament may by law provide for the abolition of the Legislative Council of a
State having such a Councilor for the creation of such a Council in a State having
no such Council if the Legislative Assembly of the State passes a resolution to
that effect by a majority of the total membership of the Assembly (Absolute
Majority) and by a majority of not less than two-thirds of the members of the
Assembly present and voting. (Special Majority) Article 169 (1).
Removal of Speaker or Deputy Speaker of Assembly: (Effective Majority)
Speaker or Deputy Speaker of Assembly may be removed from his office by a
resolution of the Assembly passed by a majority of all the then members of the
Assembly (Effective Majority). Article 179 (C)
Removal of Chairman or Deputy Chairman of a Legislative Council: (Effective
Majority)
Chairman or Deputy Chairman of a Legislative Council may be removed from his
office by a resolution of the Council passed by a majority of all the then members
of the Council. (Simple Majority) Article 183 (C)
Emergency Proclamation (Absolute + Special Majority)
According to article 352 (4) an emergency proclamation is laid before each House
of Parliament and shall cease to operate at the expiration of one month unless
before the expiration of that period it has been approved by resolutions of both
Houses of Parliament. Once approved it shall cease to be in force if again not
approved within six months. For both of these purposes, the resolution should be
passed by either House of Parliament only by a majority of the total membership
of that House (Absolute Majority) and by a majority of not less than two-thirds of
the Members of that House present and voting. (Special Majority)
Amendment of the Constitution via article 368: (Absolute + Special Majority)
According to Article 368(2), the amendment to Constitution may be initiated only
by the introduction of a Bill for the purpose in either House of Parliament, and
when the Bill is passed in each House by a majority of the total membership of
that House (Absolute Majority) and by a majority of not less than two-thirds of the
members of that House present and voting, (special Majority).
Further, if the amendment of the constitution also requires the assent of the state
assemblies, they can pass the constitutional Amendment Bill with a simple
majority.
1. By Simple Majority of the Parliament – outside the scope of Article 368
Admission or establishment of new states.
Formation of new states or alteration of areas, boundaries, or names of existing states.
Abolition or creation of legislative council in states.
2nd Schedule – emoluments, allowances, privileges, etc. of the
President/Governor/Speakers/Judges.
Quorum in Parliament.
Salaries and allowances of MPs.
Rules of procedure in Parliament.
Privileges of the Parliament, its members, and its committees.
Use of English language in Parliament.
Number of puisne judges in SC.
Conferment of more jurisdictions on the SC.
Use of official language.
Citizenship – acquisition, and termination.
Election to the Parliament and State legislatures.
Delimitation of constituencies.
Union Territories.
5th Schedule – administration of scheduled areas and scheduled tribes.
6th Schedule – administration of tribal areas.
2. By Special Majority of the Parliament
FRs
DPSPs
All other provision which is not covered under (1) and (3)
3. By Special Majority of the Parliament and the ratification of half of state legislatures
Election of the President and its manner.
Extent of the executive power of the Union and the states.
SCs and HCs.
Distribution of legislative powers between the Union and the states.
Any of the lists in the 7th Schedule.
Representation of states in Parliament.
Power of Parliament to amend the Constitution and its procedure (Article 368 itself)
Amendability of Fundamental Rights
As per the Constitution, Article 13(2) states that no laws can be made that take
away fundamental rights.
The question is whether a constitutional amendment act can be termed law or not, and
FRs can be amended by the Parliament under Article 368 came for consideration of the
SC:
Shankari Prasad vs. Union of India (1951) Case – the constitutional validity of the 1st
Amendment Act (1951) which curtailed the Right to Property was challenged.
SC ruled that – “the power of the Parliament to amend the Constitution under Article
368 also includes the power to amend FRs”
Golak Nath vs. State of Punjab (1967) Case – the constitutional validity of the 7th
Amendment Act which inserted certain state acts in the 9th Schedule was challenged.
SC ruled that –“FRs are given a transcendental and immutable position and hence the
Parliament cannot abridge or take away any of the FRs”.
The Parliament in response to Golak Nath Case enacted the 24th CAA (1971) –
declared that “the Parliament can abridge or take away any of the FRs under Article
368”.
Kesavananda Bharathi vs. State of Kerala (1973) case – SC overruled its judgment
in the Golak Nath Case(1971) and laid down a new doctrine of ‘basic structure’.
SC upheld the validity of 24th CAA (1971) and stated that “the Parliament is
empowered to abridge or take away any of the FRs under Article 368 but does not
enable the Parliament to alter the ‘basic structure’ of the Constitution”. i.e. Parliament
cannot abridge or take away an FR that forms a part of the ‘basic structure’ of the
Constitution
This is the basis in Indian law in which the judiciary can strike down any amendment
passed by Parliament that is in conflict with the basic structure of the Constitution.
In 1981, the Supreme Court reiterated the Basic Structure doctrine. 
It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda
Bharati judgement, and held that it should not be applied retrospectively to reopen the
validity of any amendment to the Constitution which took place prior to that date.
Supreme Court has neither defined basic structure nor given any exhaustive list
as to what comprises the basic structure of constitution. However, Supreme
Court, in its various judgments, has mentioned that following provisions are a
part of the basic structure of constitution: