Supreme Court

Can the basic structure of India’s Constitution be amended?

Author: 
S M SIkri and A N Ray

 

Sarv Mittra Sikri was born in 1908, and started his law practice in the Lahore High Court in 1930. He became a Supreme Court Judge in 1964, and the Chief Justice of India in 1971. He retired on 25 April 1973.

 

 

Ajit Nath Ray was born in 1912, and was called to the Bar by the Society of Gray's Inn in 1939. He became a Supreme Court Judge in 1969, and the Chief Justice of India on 26 April 1973. He retired on 28 January 1977.

 

Editor’s note: On April 24, 1973, the Supreme Court of India ruled by a majority of 7-6, that Article 368 of the Constitution means that Parliament cannot alter the basic structure or framework of the Indian Constitution. The counsel for the petitioner was Mr. Nani Palkhivala. The article below provides excerpts from the judgements written by Chief Justice Sikri and Justice A N Ray. The full judgement is attached as a pdf file.

Chief Justice Sikri: No, the basic structure cannot be amended

 

Part I-Introduction

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