Today we will have a thread on the 24th Amendment which gave the Parliament power to amend all parts of the Constitution including Part III relating to fundamental rights .
The Bill sought to amend article 368 as article 368 provides for amendment of the Constitution as well as procedure therefore.
The Bill also sought to amend article 13 of the Constitution to make it inapplicable to any amendment of the Constitution under article 368.
Article 13 and 368 are shown here . ImageImage
Key provisions were
Amendment of article 13.-In article 13 of the Constitution, after clause (3), the following clause was to be inserted, "(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.".
Amendment of article 368
"Nothing in article 13 shall apply to any amendment made under this article."

Both can be seen in above screenshots .
The Bill was a reaction to Golak Nath case, 1967. The Golak Nath ruling led to increased parliamentary authority to amend the Constitution. Through the Amendment, Parliament sought to restore to itself undisputed authority to amend the Constitution .
Prior to the Golak Nath Case, the Supreme Court maintained that Fundamental Rights were also amendable. The case ruled that the Fundamental Rights were transcendental in nature and the Parliament cannot abridge or take away any Fundamental Rights.
The Supreme Court via the Kesavananda Bharati case upheld the validity of the 24th Amendment & stated that the Parliament is empowered to abridge or take away any of the Fundamental Rights but at the same time laid down the doctrine of the ‘basic structure of the Constitution’.
Next 2 threads in this series will be on the Kesavananda Bharati case and the ‘basic structure of the Constitution’.
Today we will have a thread on one of the most famous cases fought in the Supreme Court .
This is the kesavananda Bharati Sripadagalvaru and Ors Vs State of Kerala and Anr
popularly known as the Kesavananda Bharati case .
Judgement can be found here .
This case arose in the early 70s when the leader of a Hindu mutt in Kerala HH Sri Kesavananda Bharati challenged the Kerala government’s attempts, under two state land reform acts, to impose restrictions on the management of its property.
He also challenged three Constitutional amendments – the 24th, 26th and 29th amendments – introduced by the Indira Gandhi government as he apprehended that he would not succeed in light of those amendments.
The Amendments which were challenged can be seen here Image
The question sought to be answered was whether the power of Parliament to amend the Constitution as per Article 368 is unlimited, or whether there are ‘implied limitations’, in the exercise of such a power.
To put it simply, can the Parliament amend every part of the Constitution as per the procedure provided, or are certain parts of the Constitution, that supposedly form its core, more sacred than the rest of the provisions and hence cannot be altered under any circumstances?
The judgment delivered on April 24, 1973 by 13 judges delivered 11 different judgments in what is said to be a 7:6 majority.
Chief Justice SM Sikri held that Parliament can amend every Article in the Constitution, but this power of amendment is not absolute in as much as it does not enable Parliament to abrogate or take away fundamental rights
or to completely change the fundamental features of the Constitution so as to destroy its identity. These fundamental features of the Constitution are what he called its “Basic Structure " .
2 other Judges mentioned that the Parliament cannot emasculate the basic elements or fundamental features of the Constitution. What these basic features are, is unclear.
6 other judges explicitly held that there are no inherent or implied limitations on the power of the Parliament to amend any part of the Constitution.
In the absence of any certainty as to what the “basic structure” consists of and only vague parameters to deduce the same, it is left to the wisdom of the SC judges to decide upon it on a case to case basis.
The aim of the judiciary behind propounding this doctrine was understandably to save democracy from the hands of a tyrannical few and pre-empt a dictatorial onslaught on fundamental rights
Next thread in this series will be on the Basic structure doctrine.
The content in this thread and the next have been sourced from the writings of @AankhiGM
Today we will read a thread about the Basic structure doctrine
There is definitely no intention expressed to make any part of the Constitution unamendable, to the extent that the topic was not even debated.
The fact that the First Constitutional amendment, which made important changes to fundamental rights, was passed without the power to amend such rights being questioned, is proof that the intention was not to make Part III unamendable
A plain reading of the Debates will show that the Assembly has made no distinction between essential and non-essential features of the Constitution. There is no special significance given to some provisions of the Constitution as opposed to others.
If at all an elevated status must deemed to have been given to some features of the Constitution, the same must be deduced from Article 368.
This is Article 368 Image
So, if the Constituent Assembly debates did not mention the need for any Basic Structure, from where did this term surface? The doctrine was ironically born in the jurisprudence of a neighboring country known for its undemocratic ideology more than anything else.
The Chief Justice of Pakistan Alvin Cornelius first coined the phrase in the case of Fazulal Quader Chawdry v. Mohd. Abdul Haque [1963 PLD 486(SC)].
The Basic Structure doctrine has led to the supremacy of the judiciary . The Court has repeatedly ballooned the contours of the Basic Structure using the certificate of authority given to it by Kesavananda Bharati, imposed upon the people of India its own morality and ideology
That the preamble was allowed to be changed during the Emergency shows that the Court excuses from the purview of the doctrine what seems morally appealing to it .
A common explanation advanced is that this was permitted because these two words did not change the nature of the Constitution at all, but only explicitly expressed, what it already stood for.
Dr. Ambedkar specifically rejected Prof. KT Shah’s suggestion to add the words ‘’socialist’’ and ‘’secular’’ to the Constitution. He famously said that the Constitution is Image
As far as the term “secular” is concerned, not only did he reject any attempt to add it to the Constitution, but as the book A History of State and Religion in India mentions,
Dr. Ambedkar in fact reminded members of the Lok Sabha in 1951, that continuous references in Parliament and the media to India being a secular state, did not reflect what the Constitution was intended to mean
The Basic Structure doctrine has put the judiciary in the exact position of unlimited power that it sought to prevent the Parliament from occupying.
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