Basic Structure of Indian Constitution


The Constitution was made in 1950 for keeping the needs of economic, social and political factors. The 1st Constitutional Amendment Act was passed in 1951 and it inserted Article 31(A), Article 31 (B) and 9th Schedule. Constitution itself states that with changing time whenever there will be a need to add new rights, the constitution can be amended.
Article 13 states that Parliament cannot bring such laws which violates the fundamental rights of the citizens.
Article 368 give the powers to the Parliament to amend the laws and it can change laws from any part of the Constitution.
1st Constitutional Amendment Act
Article 31 which deals with right to property.
44th amendment act removed articles 31 from the Indian Constitution.
When the India got freedom from the British rule there were lots of insecurities in land ownership. The farmers or the cultivators didn’t had the security. Abolition of zamindari system was a revolutionary policy of the independent india. And for this Reform Indian National Congress set up a committee called agrarian reform committee whose chairman was J. C Kumarappa.
The land Reform policy has two main objectives:-
• To increase agricultural production.
• Provide Equity status and opportunity to the rural population.
And to fulfilling these objectives there was created a fix ceiling limit on land Holding. For instance there was created a limit on how much a person can own a certain land
The Doctrine of Basic evolution developed through series of verdicts in India, one such case was of Shankari Prasad Vs. Union of India. This case was result of the ongoing tussle between the judiciary for sovereignty in independent India. Under this case question was raised of whether the fundamental rights can be amended under Article 368 by the parliament or not.
Herein, the Logicality of the First Amendment of the Constitution 1951 was also challenged which diminish the Fundamental Right to Property under Article 31.The major dispute that was brought forward was that Article 13 prohibits the enactment of law curtailing the Fundamental Right.

Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights

Art. 31-A of the Indian Constitution:- Inserted by the Constitution First Amendment Act, 1951 with display effect, provides for acquisition of estates of the nature referred to in various clauses, declaring that such laws shall not be deemed void on the ground that they take away any of the rights given by Article 14 or 19 of the Constitution.

Article 31B of the Indian Constitution:- stipulates that no legislation or provision of any law in the Ninth Schedule shall be deemed to be void, for being inconsistent with, or takes away or abridges any of the Fundamental Rights.

Article 19(1)(g) in The Constitution Of India 1949
(g) to practise any profession, or to carry on any occupation, trade or business

Article 368 of the Indian Constitution :- Power of Parliament to amend the Constitution and Procedure therefor: (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge



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