EVOLUTION OF THE BASIC STRUCTURE OF THE
CONSTITUTION - Case Laws
|
Sl. No. |
Name of the
Case (Year) |
Elements of the
Basic Structure (As Declared by the Supreme Court) |
|
1. |
Kesavananda Bharati v.
State of Kerala, (1973) (popularly known as the Fundamental Rights Case) |
1.
Supremacy of the Constitution 2.
Separation of powers between the legislature, the executive and the judiciary
3.
Republic and democratic form of government 4.
Secular character of the constitution 5.
Federal character of the constitution 6.
Sovereignty and unity of India 7.
Freedom and dignity of the individual 8.
Mandate to build a welfare state 9.
Parliamentary System |
|
2. |
Indira Nehru Gandhi v.
Raj Narain (1975) (popularly known as the Election Case) |
1.
India as a sovereign democratic republic 2.
Equality of status and opportunity of an individual 3.
Secularism and freedom of conscience and religion 4.
Government of laws and not of men (i.e., Rule of Law) 5.
Judicial review 6.
Free and fair elections which is implied in democracy |
|
3. |
Minerva Mills v. Union of
India, (1980) |
1.
Limited power of Parliament to amend the constitution 2.
Judicial review 3.
Harmony and balance between fundamental rights and directive principles |
|
4. |
Central Coal Fields Ltd.,
v. Jaiswal Coal Co. (1980) |
Effective
access to justice |
|
5. |
Bhim Singhji v. Union of
India (1981) |
Welfare
State (Socio-economic justice) |
|
6. |
S.P. Sampath Kumar v.
Union of India (1987) |
1.
Rule of law 2.
Judicial review |
|
7. |
P. Sambamurthy v. State
of A.P. (1987) |
1.
Rule of law 2.
Judicial review |
|
8. |
Delhi Judicial Service
Association v. State of Gujarat (1991) |
Powers
of the Supreme Court under Articles 32, 136, 141 and 142 |
|
9. |
Indra Sawhney v. Union of
India (1992) (popularly known as the Mandal Case) |
Rule
of law |
|
10. |
Kumar
Padma Prasad v. Union of India (1992) |
Independence
of judiciary |
|
11. |
Kihoto Hollohon v.
Zachilhu (1993) (popularly known as Defection case) |
1.
Free and fair elections 2.
Sovereign, democratic, republican structure |
|
12. |
Raghunath Rao v. Union of
India (1993) |
1.
Principle of equality 2.
Unity and integrity of India |
|
13. |
S.R. Bommai v. Union of
India (1994) |
1.
Federalism 2.
Secularism 3.
Democracy 4.
Unity and integrity of the nation 5.
Social justice 6.
Judicial review |
|
14. |
L. Chandra Kumar v. Union
of India (1997) |
Powers
of the High Courts under Articles 226 and 227 |
|
15. |
Indra Sawhney II v. Union
of India (2000) |
Principle
of equality |
|
16. |
All India Judge’s
Association v. Union of India (2002) |
Independent
judicial system |
|
17. |
Kuldip Nayar v. Union of
India (2006) |
1.
Democracy 2.
Free and fair elections |
|
18. |
M. Nagaraj v. Union of
India (2006) |
Principle
of equality |
|
19. |
I.R. Coelho v. State of
Tamil Nadu (2007) (popularly known as 9th Schedule Case) |
1.
Rule of law 2.
Separation of powers 3.
Principles (or essence) underlying fundamental rights 4.
Judicial review 5.
Principle of equality |
|
20. |
Ram Jethmalani v. Union
of India (2011) |
Powers
of the Supreme Court under Article 32 |
|
21. |
Namit Sharma v. Union of
India (2013) |
Freedom
and dignity of the individual |
|
22. |
Madras Bar Association v.
Union of India (2014) |
1.
Judicial review 2.
Powers of the High Courts under Articles 226 and 227 |
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