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Waman Rao v. Union of India
Constitutional Law II
Study material
Published material from The Law Easy that cites Article 31B.
13:27
Constitutional Law II
10:12
Constitutional Law II
Issue: Can the government choose judges even when the Chief Justice disagrees?
48 min read
About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…
411 min read
Constitutional Law II deals with civil liberties. It is studied in eight units, from the question of who is a citizen of India to how the Constitution enforces the rights it gives. These rights are at work in ordinary life: when a person speaks his mind online, prays in his own way, or is stopped b…
130 min read
Supreme Court of India · 2007
A unanimous nine-judge Constitution Bench of the Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 (the date of the Kesavananda Bharati decision) are not fully immune. They can be tested against the basic structure, including the 'golden triangle' of Articles 14, 19 and 21. The case matters because it holds that judicial review is part of the basic structure and that the Ninth Schedule is not a safe haven for unconstitutional laws.
Supreme Court of India · 1951
First, let us understand the basic meaning. Article 13(2) of the Constitution says: the State shall not make any law which takes away or abridges Fundamental Rights, and any law that does so is void. Shankari Prasad Singh Deo vs. Union of India (1951) asked one sharp question: does the word "law" i…
Supreme Court of India · 1980
In Waman Rao v. Union of India, the Supreme Court upheld Articles 31A and 31B and the unamended Article 31C. It held that laws placed in the Ninth Schedule before 24 April 1973 (the date of the Kesavananda Bharati judgment) are safe from the basic structure test, but laws added after that date can be challenged if they damage the basic structure. This cut-off line later shaped I. R. Coelho v. State of Tamil Nadu (2007) and is central to the law on Parliament's amending power.
1 practice question tests this article.
We show statutory text only after checking it word for word against the official source. Read Article 31B of the Constitution of India on India Code.
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