Question: Describe the Emergence of ‘Concept of Basic Structure‘ in Indian Constitution.
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The concept of basic structure in the indian constitution emerged due to the tussle between the supreme court and the government.
Art 368 of the constitution provides the parliament with a power to amend the constitutional provisions. but art 13 gives the SC to declare a law void if it is found inconsistent with the FR.
in shankari prasad case (1951) the SC said that the parliament can amend the FR under art 368 of the constitution.
in sajjan singh case the SC re iterated the same as in shankari prasad case , that art 13 of the constitution doesnt include the law made by the parlliament as it has constituent power.
in golaknath vs s o punjab case the SC reversed the order and said the parliament under art 368 has no power to amend the fr of the constitution.
in order to remove the difficulties created by the SC in golaknath case the parliament enacted 24th amendment act which provided that the prohibition in art 13 would not apply the amendments made under art 368.
the sc recognized basic structural concept for the first time in Keshvanda bharti case in 1973.
the validity of 25th amendment was challenged with 24th and 29th amdt. the court overruled the golaknath case which denied power to amend the FR. the SC declared that art 368 did not enable parliament to alter the basic structure or framework of the constitution and parliament could not vest its amending power under art 368 to damage, destroy, change or alter the basic structure or framework of the constitution.
The decision is not just a landmark in the evolution of constitutional laws but a turning point in constitutional history.
Good use of examples. Kudos !