Basic Structure of Constitution [Polity for UPSC]
INTRO -> Doctrine of Basic Structure examines the validity of > Constitutional Amendment > Ordinary Law > Ordinance -> Objective > To maintain the constitutional superiority > To sustain a balance between the three organs of the State ______________________ EMERGENCE OF THE BASIC STRUCTURE -> Shankari Prasad Case(1951) > SC ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights -> Golaknath vs. State of Punjab, 1967 > SC 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 -> 24th Amendment Act(1971) > Constituional amendment act will not be a law under the meaning of Article 13 -> Kesavananda Bharati vs. State of Kerala, 1973 > SC overruled its judgment in the Golak Nath case (1967) and upheld the validity of the 24th Amendment Act(1971) > Laid down