9/1/13

[Polity] The crux of Kesavanand Bharati & Golaknath case Mrunal

here goes the brief list (case name, year and what did the Supreme court ruled in that case and how parliament reacted to it?) Shankari Prasad /1951 SC said: yes Government can aquire private property for public cause yes parliament can amend fundamental rights

Golaknath v Punjab 1967 Supreme court reverts from previous judgment- now Supreme court says NO parliament cannot amend anything related to fundamental rights. We (SC) can revoke any laws in conflict with Fund.rights according to art #13 To counter this SC judgement, Parliament passes 24th amendment in 71 saying yes parliament can amend or take away any Fund.right Keshvanand Bharti vs Keral /73 Now again SC changes its position. SC says : yes, parliament can amended fundamental rights but it cannot change the BASIC structure of the Constitution. *for explanation of basic structure of Constitution, refer to
Indian Polity by M.Laxmikanth (Tata Macgrawhill Publication)

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9/1/13

[Polity] The crux of Kesavanand Bharati & Golaknath case Mrunal

Indian Polity for Civil Servi... List Price: Rs.450 Our Price: Rs.428

Back to the topic: parliament again makes 42nd amendment to counter this- with following two provisions. 1. Constitutional amendment cannot be challenged in courts 2. Parliament can amend anything and everything of the Constitution , even if it is against the fundamental rights. Minerawa Mills /80 SC rejects above 42nd amendment, because it violated the basic structure of Constitution. There are some other important cases too: (list is not exhaustive) Bommai SC sets guidelines about how and when to impose # 356 (Presidents rule) Union Government cannot impose Presidents rule on any state, according to its whims and fancies. Indira Sawhney Creamy layer in OBC Vishakha SC set the anti-sexual harassment guidelines

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