Case index

Every case the journal cites, oldest first, with what it held and the entries that discuss it.

Shankari Prasad, 1951

A constitutional amendment is made under constituent power, not legislative power, so Article 13 does not touch it. The First Amendment survived.

Discussed in The Basic Structure Doctrine · Article 368 on one page

Berubari Union, 1960

The Preamble is not a part of the Constitution and confers no substantive power. The first half was reversed in Kesavananda Bharati, 1973.

Discussed in The Preamble as a key

Sajjan Singh, 1965

The same answer as Shankari Prasad, but two judges recorded doubts.

Discussed in The Basic Structure Doctrine

Golaknath, 1967

Reversed, by 6:5: an amendment is law for the purposes of Article 13, so Parliament cannot abridge fundamental rights at all. Prospective effect only.

Discussed in The Basic Structure Doctrine · Article 368 on one page

Kesavananda Bharati, 1973

Thirteen judges, eleven opinions, 7:6. The amending power under Article 368 is wide but cannot damage the basic structure; Golaknath overruled. The Preamble is a part of the Constitution and amendable.

Discussed in The Basic Structure Doctrine · Article 368 on one page · The Preamble as a key

Indira Nehru Gandhi, 1975

Free and fair elections are part of the basic structure.

Discussed in The Basic Structure Doctrine

Minerva Mills, 1980

Clauses 4 and 5 of Article 368, inserted by the 42nd Amendment, struck down: a limited amending power is itself part of the basic structure, as is the balance between Fundamental Rights and Directive Principles.

Discussed in The Basic Structure Doctrine · Article 368 on one page

Waman Rao, 1981

The basic structure doctrine applies to laws made after 24 April 1973.

Discussed in The Basic Structure Doctrine

S. R. Bommai, 1994

Federalism and secularism are part of the basic structure.

Discussed in The Basic Structure Doctrine

I. R. Coelho, 2007

Laws placed in the Ninth Schedule after 24 April 1973 are open to judicial review.

Discussed in The Basic Structure Doctrine

NJAC judgment, 2015

Independence of the judiciary is part of the basic structure.

Discussed in The Basic Structure Doctrine

Puttaswamy (Aadhaar), 2018

TODO: what it held. The journal records only that Rojer Mathew, 2019, doubted whether it applied the Money Bill test correctly.

Discussed in Who decides what a Money Bill is

Rojer Mathew, 2019

A five-judge bench doubted whether Puttaswamy (Aadhaar), 2018, had applied the Money Bill test correctly and referred the question to a larger bench.

Discussed in Who decides what a Money Bill is