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There was a need for a doctrine to safeguard both Parliament and citizens rights, and therefore the Bench came up with a way through Basic Structure doctrine, to uphold both of their rights. Literally hundreds of cases had been cited and the then Attorney-General had made a comparative chart analysing the provisions of the constitutions of 71 different countries. Around 150 amendments were passed after the adoption of the Indian Constitution in 1951, while only 27 amendments were passed in 230 years in the United States. Jaganmohan Reddy, H.

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M. For, there can be no power which permits in a democratic system an arbitrary use of power and thus, if an aggrieved owner approaches the court alleging that he is being deprived of that right on the grounds now open to him, the Court cannot decline to look into the matter and thus the 1st part is held valid while the 2nd part which barred judicial reach on such matters has been struck down. Copyright © IJLSI 2021 https://doij. Relevant their website amendments were brought by the parliament to override the controversial judgment standing in the way of parliament and to uphold their power to amend. Majority decision wasdelivered by- S. getElementById( “ak_js_1” ).

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Prime Minister Jawaharlal Nehru wrote to his chief the original source in early 1951, “It is impossible to hand up urgent social changes because the Constitution comes in the way,We shall have to find a remedy, even though this might involve a change in the Constitution. The basic structure doctrine has definitely preserved the democracy of India i loved this this case has left a landmark judgment that will always remain crucial for India. After that, the parliament came up with the 24th, 25th and 29th Amendment Acts to remove those restrictions. com/article/explained/kesavananda-bharati-case-basic-structure-of-the-constitution-supreme-court-6585110/ https://corporate.

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Justice Hans Raj Khanna propounded that “the Constitution of India has certain ‘basic features’ that cannot be altered or destroyed through amendments by the Parliament of India. R Khanna stated that —“Article 368 contains the procedure for Amendment of the Constitution as well as confers the power of amending the Constitution. The basic framework of the Constitution must always remain unchanged. R. By this amendment the Kerala Reform Act was added to the 9th schedule of the Constitution making it immune and powerful. Coelho v.

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H. The Indian Constitution as much as carefully designed, is important to note it has been more than 70 years to the birth of this document and hence like every other thing in this world, it is ‘aging’. It is the law that prescribes the structure of the government and confers powers to the government. The Supreme Court held that judicial review is a fundamental feature of the Constitution which cannot be suppressed by Parliament.

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Respondents claimed that Parliament has ‘omnipotent powers’ under Art. The first ruling was made in the year 1967 in the Golak Nath case whereby the Supreme Court took an extreme view that Parliament could not amend or alter any fundamental right. The Supreme Court of India held that all the provisions made under the First Constitutional Amendment Act are valid and that under Article 368 the Parliament has all the powers to amend the Constitution, even fundamental rights. Another notable fact is that there was no unanimity of opinions within the majority view either. Golaknath v.

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Those are—1. (1) 9335. To answer this question plainly, this religious head was the lead plaintiff on arguably the case that fortified the Indian Democracy, his name – His Holiness Kesavananda Bharati. Some of the material has been repeatedly confirmed by the Courts while some of them are still in the process of deliberation.

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The Ninth Schedule is the detailed explanation of Article 31-B of the Indian Constitution. It determined the importance of judicial review and the powers of the judiciary in this aspect. One of the questions involved in this case was what is the extent of the amending power conferred by Article 368 of the Constitution? A special bench of 13 judges was constituted to hear the case. Though the petitioner lost his case partially, yet the judgment given by the largest ever Bench in Indian history, worked out to be the biggest savior of Indian democracy and saved the Constitution from losing its essence. .