Waman Rao vs Union of India
(1981) 2 SCC 362
Case Summary
[Amendment to the Constitution]
FACTS
The Waman Rao Case dealt with amendments made during the Emergency period (1975-77), particularly the controversial 42nd Amendment, which attempted to curtail judicial review of constitutional amendments. The central issue was whether Parliament could amend the Constitution to alter its fundamental structure.
LEGAL PROVISION
Constitution of India, Article 368 (Power of Parliament to amend the Constitution)
42nd Constitutional Amendment (1976)
JUDGMENT
The Supreme Court reaffirmed the Basic Structure Doctrine from Kesavananda Bharati (1973), ruling that Parliament cannot amend the Constitution in a way that alters its basic structure. This decision emphasized that certain features—such as democracy, secularism, and rule of law—cannot be changed, ensuring a balance between legislative powers and constitutional principles. It clarified that judicial review of amendments is constitutional, especially if they harm the Constitution’s foundational principles.
VIKAS MEENA
2ND YEAR
RAJASTHAN UNIVERSITY
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