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LEGAL CHAT

FAR REACHING: Fundamental rights constitute a comprehensive package for every Indian Citizen.

It dealt exclusively with the Fundamental duties of a citizen of India and it came into force with effect from 03/01/1977.

This part together with Part – III dealing with fundamental rights constitutes a comprehensive package of fundamental rights and fundamental duties for an Indian Citizen.

It shall be the duty of every citizen of India:

* to abide by the Constitution and respect its ideas and institutions, the National Flag and the National Anthem.

* to follow the noble ideas which inspired our national struggle for freedom.

* to uphold and protect the sovereignty, unity and integrity of India.

* to defend the country and render national service when called upon to do so.

* to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic or sectional diversities,

* to renounce practices derogatory to the dignity of women.

* to value and preserve the rich heritage of our composite culture.

* To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

* to develop the scientific temper, humanism and the spirit of inquiry and reform.

* to safeguard public property and to abjure violence.

* to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of achievement.

* who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

The basic question that arose for consideration was, as to the powers of the Parliament to amend the Constitution under Article 368 take away or abridge the fundamental rights of a citizen.

In the well known Golaknath’s Case (AIR 1967 SC 1643), the Supreme Court held that Article 368 only provided for a procedure and mechanism for making any amendment to the Constitution and it did not provide any power or authority to take away or abridge the fundamental rights of a citizen.

To overcome the above restriction placed on the Parliament, The Constitution (Twenty Fourth Amendment) Act, 1971was passed by which the power of Parliament was restored to take away or abridge the fundamental rights of a citizen through an amendment to the Constitution. The legal validity of the aforesaid amendment act was challenged in the Supreme Court in the famous case of Keshavananda V state of kerala (AIR 1973 SC 1461), the Supreme Court while upholding the legal validity of the aforesaid amendment, brought in a new legal doctrine called the “Basic Structure of the Constitution” to constitute the following:

* Supremacy of the Constitution

* Republican and Democratic form of Government

* Secular character of the Constitution

* Separation of powers between the legislature, the executive and the judiciary.

* Federal character of the Constitution.

The Supreme Court held that in respect of the aforesaid matters constituting the basic structure of the Constitution, the Parliament has no power or authority to pass any law or any amendment to the Constitution cancelling or nullifying any of the aforesaid components of the basic structure. This is a historic judgement with far reaching legal implications and consequences, which will be discussed in detail in the next issue.

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