Golak nath case and kesavand bharti case
SARAVANAN.R
(Querist) 23 July 2012
This query is : Resolved
Respected Sir,
On verifying several papers on the internet, I find that in Golak Nath case, the Hon'ble Supreme Court of India ruled that the Fundamental Rights guaranteed by the Constitution cannot be amended by Parliament.
In Kesavanand Bharti case, the Hon'ble Supreme Court of India ruled that Fundamental Rights can be amended, but the basic structure of the Constitution cannot be taken away by the Parliament.
In the Minerva Mills Ltd case also, the above
decision was confirmed.
Kindly correct me if I am wrong on the above
I will be thankful, if you take pain in explaining the back ground of the above cases and how it is relevant today.
Also I have read that the decision in Kesavanand Bharti case nullified the decision of Golak nath case.
Whether the above ruling has anything to do with amendment in 1976.
Please correct me if I am wrong on the above.
Saravanan
Raj Kumar Makkad
(Expert) 25 November 2012
In Kesavananda there were differing opinions even among the majority for what the "basic structure" of the constitution comprised. Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:
The supremacy of the constitution. A republican and democratic form of government. The secular character of the Constitution. Maintenance of the separation of powers. The federal character of the Constitution. Justices Shelat and Grover in their opinion added three features to the Chief Justice's list:
The mandate to build a welfare state contained in the Directive Principles of State Policy. Maintenance of the unity and integrity of India. The sovereignty of the country. Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:
The sovereignty of India. The democratic character of the polity. The unity of the country. Essential features of individual freedoms. The mandate to build a welfare state. Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:
A sovereign democratic republic. The provision of social, economic and political justice. Liberty of thought, expression, belief, faith and worship. Equality of status and opportunity. The interpretation of the basic structure has since evolved in numerous other court rulings since the Kesavananda judgment.
