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Insertions made in Preamble of COI violate ‘Doctrine of Basic Structure’ or instead better reflect basis spirits enshrined in COI?
State Times
|July 06, 2025
Parliament's authority to amend the Constitution, particularly the chapter on the fundamental rights of citizens, was challenged as early as in 1951. After independence, several laws were enacted with the objective of reforms like land owner-ships / special supports so socially and economically weaker people & areas keeping in view socialistic spirits of the Constitution/ Article 39 (b) (c) of the Directive Principles of State Policy/prevention of concentration of wealth in the hands of a few but citizens like the owners of properties/Zamindaars/large land owners affected by such laws went to courts under protections provided in constitution where in some cases the land reforms laws were struck down by courts naming the laws as violating that the fundamental right to property.
Upset by unfavorable judgments Parliament amended the constitution using Art 368 and placed such laws even in the Ninth Schedule of the Constitution through amendments like the First Constitution Amendment Act of 1951 and Fourth Amendment Act of 1954 making them free from the scope of judicial review.
In Sankari Prasad Singh Deo vs Union of India 1952 and Sajjan Singh vs Rajasthan 1955, the Supreme upheld that Parliament can amend any part of the Constitution including fundamental rights. But the dissent of two dissenting judges in Sajjan Singh vs Rajasthan case raised the questions about dangers of the fundamental rights at some occasion becoming play way of the majority party/ group in Parliament...
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