Waman Rao v. Union of India
E545539
Waman Rao v. Union of India is a landmark 1981 Supreme Court of India judgment that reaffirmed and clarified the basic structure doctrine by upholding its applicability to constitutional amendments made after the Kesavananda Bharati decision.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Waman Rao v. Union of India canonical | 1 |
Statements (38)
| Predicate | Object |
|---|---|
| instanceOf |
Supreme Court of India judgment
ⓘ
landmark judgment ⓘ |
| appliesTo | Parliament of India’s amending power under Article 368 ⓘ |
| areaOfLaw |
constitutional amendments review
ⓘ
judicial review ⓘ |
| benchType | Constitution Bench ⓘ |
| category | Indian Supreme Court constitutional law case ⓘ |
| citationStatus | leading precedent ⓘ |
| clarified |
scope of basic structure doctrine
ⓘ
temporal application of basic structure doctrine ⓘ |
| concerns |
Article 31B of the Constitution of India
NERFINISHED
ⓘ
Ninth Schedule of the Constitution of India NERFINISHED ⓘ basic structure doctrine ⓘ constitutional amendments ⓘ |
| country | India ⓘ |
| court | Supreme Court of India NERFINISHED ⓘ |
| decisionDate | 1981 ⓘ |
| effect |
limited immunity of Ninth Schedule laws
ⓘ
prospective application of basic structure doctrine ⓘ |
| established | cut-off date of 24 April 1973 for Ninth Schedule immunity ⓘ |
| followedPrecedent | Kesavananda Bharati v. State of Kerala NERFINISHED ⓘ |
| heldThat |
basic structure doctrine applies to constitutional amendments made after Kesavananda Bharati v. State of Kerala
ⓘ
constitutional amendments after 24 April 1973 are subject to basic structure review ⓘ laws inserted into the Ninth Schedule after 24 April 1973 are open to challenge on the ground of violating the basic structure ⓘ laws placed in the Ninth Schedule before 24 April 1973 are generally immune from basic structure challenge ⓘ |
| impact |
shaped interpretation of Ninth Schedule protections
ⓘ
strengthened judicial review over constitutional amendments ⓘ |
| jurisdiction | constitutional jurisdiction ⓘ |
| languageOfJudgment | English ⓘ |
| legalSystem | Indian constitutional law ⓘ |
| reaffirmed | Kesavananda Bharati v. State of Kerala NERFINISHED ⓘ |
| recognized | validity of pre-Kesavananda Ninth Schedule insertions ⓘ |
| relatedToCase | Kesavananda Bharati v. State of Kerala NERFINISHED ⓘ |
| relatedToDoctrine | basic structure of the Constitution ⓘ |
| subjectMatter |
limits on amending power
ⓘ
relationship between Parliament and judiciary ⓘ |
| temporalCutoffDate | 24 April 1973 ⓘ |
| timeReference | post-Kesavananda constitutional amendments ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.