12:52
Kesavananda Bharati v. State of Kerala
Constitutional Law II
Study material
Published material from The Law Easy that cites Article 31C.
12:52
Constitutional Law II
13:27
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 (13-Judge Constitution Bench) · 1973
First, let us understand the basic meaning. The Basic Structure Doctrine is a rule created by the Supreme Court of India which says: Parliament can amend (change) almost any part of the Constitution, but it cannot change the parts that form the Constitution's core identity — its "basic structure."…
1980
Minerva Mills (1980) struck down Sections 4 and 55 of the Forty-second Amendment. The Court held that a limited amending power, judicial review, and the balance between Fundamental Rights (Part III) and Directive Principles (Part IV) are all part of the basic structure of the Constitution. It is the most important basic structure case after Kesavananda Bharati, and it is the source of the famous 'golden triangle' of Articles 14, 19 and 21.
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.
We show statutory text only after checking it word for word against the official source. Read Article 31C of the Constitution of India on India Code.
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