Understanding Constitutional Amendments in India
This page provides an overview of India's constitutional amendments, focusing on the 7th Constitutional Amendment Act. It aims to be a valuable resource for law students and LLB aspirants.
Introduction
India's Constitution has undergone numerous amendments since its adoption in 1950. The 7th Constitutional Amendment Act, passed in 1955, was a significant change that reorganized the structure of the Constitution. This guide will explore this amendment in detail, providing insights into its impact on Indian law and society.
Key Provisions of the 7th Constitutional Amendment Act
Reorganization of Parts
The 7th Constitutional Amendment Act reorganized the Constitution by dividing it into three parts:
- Part I: Union of India (Article 1)
- Part II: Citizenship (Articles 5-11)
- Part III: Fundamental Rights (Articles 12-35)
This reorganization aimed to improve the clarity and accessibility of the Constitution.
Impact on Fundamental Rights
The amendment significantly impacted the structure of Fundamental Rights:
- Articles 13-15 were moved from Part III to Part IV-A
- Articles 16-35 remained in Part III
- New Articles 31A and 31B were introduced
These changes affected various aspects of personal liberties and social justice in India.
Case Laws and Illustrations
To better understand the practical implications of the 7th Constitutional Amendment, let's examine some relevant case laws:
State of Bombay vs. Narayan Godaverda Desai (1971)
In this landmark case, the Supreme Court of India interpreted Article 31A of the Constitution, which protects certain laws from judicial review when they aim to promote social welfare.
Illustration: The court upheld the Maharashtra Agricultural Lands Ceiling Act, ruling that it was constitutional despite violating certain property rights, as it aimed to reduce inequality in land ownership.
Legal Section Number: Article 31A
Keshavananda Bharti vs. State of Kerala (1973)
This case is often referred to as the "basic structure doctrine." It challenged the validity of the 24th Constitutional Amendment Act, which allowed Parliament to amend any part of the Constitution without a referendum.
Illustration: The Supreme Court ruled that even though Parliament had the power to amend the Constitution, it could not alter the basic structure of India's federal system.
Legal Section Number: Articles 368(1), 368(2), and 368(4)
Conclusion
The 7th Constitutional Amendment Act significantly reorganized India's Constitution, impacting various aspects of fundamental rights and governance. Understanding this amendment is crucial for law students and LLB aspirants, as it forms the foundation of modern Indian jurisprudence.
By examining real case laws and illustrations, we can better comprehend how these amendments have been interpreted and applied in practice. This knowledge is essential for anyone seeking to navigate the complexities of Indian law and constitutional interpretation.