Landmark Cases on Constitution | Indian Polity Important Cases | 2019

Priya Jain
14 Mar 201927:30

Summary

TLDRThis video discusses significant judicial cases that shape the understanding of presidential powers and constitutional amendments in India. It highlights the importance of the S.R. Bommai case, establishing that the President's declaration of emergency is subject to judicial review based on relevant grounds. It also explores the evolution of constitutional amendments, starting with the Shankari Prasad and Sajjan Singh cases, which affirmed the Parliament's power to amend, and culminating in the Golaknath and Keshavananda Bharti cases that define limits on this power, particularly regarding fundamental rights and the basic structure of the Constitution.

Takeaways

  • 😀 The Supreme Court ruled that the President's power to proclaim an emergency is conditional and subject to relevant grounds.
  • 📜 In the S.R. Bommai v. Union of India case, the Court established that the validity of the President's satisfaction can be subject to judicial review.
  • 🏛️ Secularism is recognized as a basic feature of the Indian Constitution, impacting interpretations of government powers.
  • 🔍 The Parliament's power to amend the Constitution, especially regarding Fundamental Rights, has been a significant legal question.
  • 🔗 The Shankari Prasad case affirmed Parliament's unlimited power to amend any part of the Constitution, including Fundamental Rights.
  • 🔄 The Sajjan Singh case reinforced the notion of Parliament's comprehensive amending authority.
  • 🚫 The Golaknath case changed the perspective, ruling that Parliament cannot amend Fundamental Rights, establishing limits on parliamentary power.
  • 📜 The 24th Amendment added Clause 3 to Article 13, asserting that amendments under Article 368 are not subject to judicial review.
  • ⚖️ In the Keshavananda Bharati case, the Supreme Court ruled that while Parliament can amend the Constitution, it cannot alter its basic structure.
  • 📈 The video encourages viewers to stay informed about recent judgments, indicating the evolving nature of constitutional law in India.

Q & A

  • What does the Supreme Court say about the president's power to proclaim an emergency?

    -The Supreme Court held that the president's power to proclaim an emergency is conditional and not absolute. It must be based on relevant grounds.

  • Which landmark case discussed the issue of presidential satisfaction in declaring an emergency?

    -The case of S.R. Bommai v. Union of India discussed the issue of presidential satisfaction in declaring an emergency and confirmed that it is subject to judicial review.

  • What are the implications of the Ramjanmabhoomi case on the concept of secularism?

    -The Ramjanmabhoomi case raised questions about secularism, which were addressed in the context of the subsequent S.R. Bommai case.

  • How did the Supreme Court rule in the Shankari Prasad case regarding Parliament's power to amend the Constitution?

    -In the Shankari Prasad case, the Supreme Court ruled that Parliament has unlimited power to amend any part of the Constitution, including fundamental rights.

  • What was the significance of the Golaknath case?

    -The Golaknath case overruled the previous rulings and established that Parliament does not have unlimited power to amend fundamental rights.

  • What change did the 24th Amendment introduce to Article 13?

    -The 24th Amendment added clause (3) to Article 13, stating that amendments made under Article 368 cannot be subjected to judicial review.

  • What was the Supreme Court's ruling in the Keshavananda Bharati case regarding the amending power of Parliament?

    -In the Keshavananda Bharati case, the Supreme Court ruled that while Parliament has wide powers to amend the Constitution, it cannot amend the basic features of the Constitution.

  • How do the issues raised in Article 368 relate to those in Article 13?

    -Both Article 368 and Article 13 deal with the scope of Parliament's power to amend the Constitution, leading to similar judicial questions about the extent and limits of that power.

  • Why is it important to understand the concept of basic features of the Constitution?

    -Understanding the basic features of the Constitution is crucial because it determines the limits of Parliament's power to amend the Constitution, ensuring the preservation of fundamental rights and democratic principles.

  • What topics are planned for discussion in the next video as mentioned in the transcript?

    -The next video will discuss some important recent judgments from previous years, enhancing viewers' understanding of current legal developments.

Outlines

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Judicial ReviewConstitutional LawSupreme CourtIndiaLegal CasesFundamental RightsEmergency PowersArticle 368Keshavananda BharatiLegal Insights
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