Important Cases of the
Constitution
|
1.
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Berubari Case
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Preamble not a part of the constitution
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|
2.
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Golaknath Case
1967
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Supreme court
held that the Parliament
had no power to amend any of the
provisions of Part III (Fundamental rights)
The Indira Gandhi government
in 1971 carried out the 24th Amendment
with a view to assert the
right of the parliament
to amend any part of the constitution.
|
|
3.
|
Keshvanada Bharti
Case
|
Preamble was
a part of the constitution & can be amended by Parliament
under Article 368. Parliament can also amend the fundamental
rights (Against Golaknath case) but ruled that
the parliament cannot destroy the basic structure of
the constitution.
|
|
4.
|
Minerval Mills
Case
1980
|
The 42nd.amendment carried out in 1976 gave asserted
that parliament
had
unlimited
powers to amend the constitution & tried to accord precedence to
Directive
principles over fundamental
rights. But in the Minerva Mills
Case
the Supreme court struck down those provisions
|
|
5.
|
Maneka Gandhi
Vs
Union
of India
|
Right to live is not merely confined to
physical existence but includes
within its ambit the right to live
with human dignity
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