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ABSTRACT
Kesavananda Bharati was a mile stone in the constitutional history of India after Golak Nath. In Golak Nath, the Indian parliament was incapacitated to amend any fundamental right, guaranteed in the Constitution, while in Kesavananda case, the amendment power of Parliament was recognized, but was limited to the extent that it would not take away the basic structure of the Constitution. However, what was basic structure could be agreed upon. Gradually, in the following cases, fundamental rights were recognized as a part of basic structure therefore, unamendable by Parliament, even with hundred percent majorities of its both Houses. Later case-law, categorically established that Article 21, along with other fundamental rights, was also a part of the basic structure. Now, it is well-recognized principle that any constitutional amendment can be tested on the yardstick of Article 21.
KEY WORDS: Indian Constitution, Basic Structure of Constitution, Right to Life, Fundamental Rights, Constitutional Developments
Introduction
This part of the research would focus on the background of the bone of contention between the Parliament and the Judiciary; the way it triggered race among three organs of the State, particularly, the Parliament and the Judiciary. Further, the early response of the Parliament, in the form of constitutional amendments, has been examined thoroughly in the light of judicial observations, with respect to their independent and joint impact, focusing on the First and Fourth Constitutional Amendment Acts and the judicial reaction, in the cases of Sankari Prasad Singh Deo (Sankari Prasad Singh Deo v. Union of India, 1951:458; (Sankari Prasad Singh Dio V. Union of India, 1952: 89) and Sajjan Singh, (Sajjan Singh v State of Rajastan 1965: 845). when their validity was challenged in the Supreme Court. The tug of war, between the Parliament and the Judiciary, to overawe each other for the position of a final arbiter of the Constitution would be analyzed in depth, to show the dynamics of inter-institutional conflicts within a State. Moreover, the study will throw light on the factors, arguments, counter contentions, along with some political developments, which ushered the Judiciary to create the doctrine of 'Basic Structure' of the Constitution, a unique idea that empowered the Judges to bifurcate the Constitution in the fundamental and the non-fundamental provisions of the Constitution, which...