Mahima.A.Menon, B.A. LL.B., O.P Jindal Global University
ABSTRACT:
An important turning point in India’s Constitutional history was the Shankari Prasad v Union of India case, which dealt with striking a balance between the sanctity of fundamental rights and legislative authority. The Supreme Court’s ruling, which gave Parliament broad authority to change the Constitution, including fundamental rights, under Article 368, is examined in this case note. This case note charts the development of Constitutional law from Shankari Prasad’s legislative supremacy to the Basic Structure Doctrine- an established judicial doctrine in Kesavananda Bharati v State of Kerala. It challenged the judiciary’s broad yet nebulous power to invalidate amendments on this theory, which has generated discussion about federalism and judicial overreach. The case note’s analysis of these seminal rulings highlights the continuous conflict between the several institutions of government as well as the necessity for a well balanced framework that upholds constitutional integrity, encourages democratic accountability, and tackles structural problems like corruption and power abuse. This exploration aims to illuminate the complex interplay of legislative and judicial powers in safeguarding India’s constitutional ethos.
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