Laxmikant Summary: Basic Structure of the Constitution | Indian Polity for UPSC CSE PDF Download

• The Supreme Court deliberated on the Parliament's authority to amend Fundamental Rights under Article 368 shortly after the Constitution's enactment.
• In the Shankari Prasad case (1951), the Court affirmed the constitutional validity of the First Amendment Act (1951), asserting that Parliament's power under Article 368 includes amending Fundamental Rights.

• Article 13 was interpreted to cover only ordinary laws, not constitutional amendment acts, allowing Parliament to modify or revoke Fundamental Rights without violating Article 13.
• The Golak Nath case (1967) saw a reversal in the Supreme Court's stance, declaring Fundamental Rights as 'transcendental and immutable,' and ruling that Parliament cannot diminish or abolish these rights through a constitutional amendment act.
• In response to Golak Nath, the 24th Amendment Act (1971) explicitly granted Parliament the power to abridge or revoke Fundamental Rights without such acts being considered laws under Article 13.

 Shankari Prasad

• The Kesavananda Bharati case (1973) validated the 24th Amendment Act, affirming Parliament's authority to alter Fundamental Rights but introduced the 'basic structure' doctrine, emphasizing limits on modifying the Constitution's fundamental framework.
• The Indira Nehru Gandhi case (1975) saw the 'basic structure' doctrine applied, invalidating a provision of the 39th Amendment Act (1975) for affecting the Constitution's basic structure.
• Parliament responded with the 42nd Amendment Act (1976), asserting unlimited constituent power and immunizing amendments from judicial review.
• The Minerva Mills case (1980) struck down the provision in the 42nd Amendment Act, underscoring Parliament's limited amending power.
• The Women's Reservation cases (1980) reaffirmed the 'basic structure' doctrine, extending its application to constitutional amendments enacted after April 24, 1973, the date of the Kesavananda Bharati case judgment.