✏️KESAVANANDA BHARATI CASE
🔶 In the Kesavananda Bharati case (1973), the Supreme Court overruled its judgement in the Golak Nath case (1967).
🔶 In the Golak Nath case, the Supreme Court ruled that the Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights.
🔶A constitutional amendment act is also a law within the meaning of Article 13 and hence, would be void for violating any of the Fundamental Rights.
🔶In Kesavananda Bharati Case, the Supreme Court upheld the validity of the 24th Amendment Act (1971) and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.
🔶 At the same time, it laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution.
🔶 It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.
Join @JKEXAMSFORUM
🔶 In the Kesavananda Bharati case (1973), the Supreme Court overruled its judgement in the Golak Nath case (1967).
🔶 In the Golak Nath case, the Supreme Court ruled that the Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights.
🔶A constitutional amendment act is also a law within the meaning of Article 13 and hence, would be void for violating any of the Fundamental Rights.
🔶In Kesavananda Bharati Case, the Supreme Court upheld the validity of the 24th Amendment Act (1971) and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights.
🔶 At the same time, it laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution.
🔶 It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.
Join @JKEXAMSFORUM
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