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Breaking Modi Cabinet approves 10 % reservation for economically backward upper caste sections (Parliament Passes Constitution Amendment Bill)

barryallen

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SC has not defined what Basic Structure means.

parliament can as per power under Article 368 amend any part of the Constitution. Our founding fathers of the constitution said the power of parliament to amend the constitution is unlimited as The Parliament takes up the power of the constituent assembly when amending the constitution.

Thats what 42nd Amendment by Indira Govt in 1975 during Emergency survived the SC preview.
As you said yourself there are many grey areas here. I will wait for SC judgement on this issue before coming to any conclusions
 

Anish Pai

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As you said yourself there are many grey areas here. I will wait for SC judgement on this issue before coming to any conclusions

For ur better understanding bro, i will give u examples, this may be off-topic but it will help us clear our doubts :)

The First Constitution Amendment Act, 1951 was challenged in the Shankari Prasad vs. Union of India case. The amendment was challenged on the ground that it violates the Part-III of the constitution and therefore, should be considered invalid. The Supreme Court held that the Parliament, under Article 368, has the power to amend any part of the constitution including fundamental rights. The Court gave the same ruling in Sajjan Singh Vs State of Rajasthan case in 1965.

The Parliament, in 1971, passed the 24th Constitution Amendment Act. The act gave the absolute power to the parliament to make any changes in the constitution including the fundamental rights. It also made it obligatory for the President to give his assent on all the Constitution Amendment bills sent to him.

In 1973, in Kesavananda Bharti vs. State of Kerala case, the Supreme Court upheld the validity of the 24th Constitution Amendment Act by reviewing its decision in Golaknath case. The Supreme Court held that the Parliament has power to amend any provision of the constitution, but doing so, the basic structure of the constitution is to be maintained.

The basic features of the Constitution are as follows:
  1. Supremacy of the constitution
  2. Republican and democratic form of government
  3. Secular character of the constitution
  4. Federal character of the constitution
  5. Separation of power
  6. Unity and Sovereignty of India
 

piinku1

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Yes what u say is true only in the normal bills which SC an review:

Remember the 42nd Amendment passes in 1975 (Emergency time) was out of SC perview

Yesterday in parliament this issue was taken for debate, "What if SC strikes it Down", then someone said when PV Narsima Govt moves a similar law, that time they passes it as an Executive order (normal bill). hence since no such clause was found in constitution it was declared null and void.

This time its passed by amending Article 15 and 16 of Constitution. SC will see that Constitution allows such a quota so it wont be strike down.
Then what happened to NJAC??
It was also a constitutional amendment.
 

Anish Pai

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Then what happened to NJAC??
It was also a constitutional amendment.

You are right, thanks for reminding about it.

So there are other factors that come into play here.

May be it comes under point 4. Separation of Powers under the basic structure so it was struck down
 

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