RAGHUNATHRAO GANPATRAO ETC. ETC. versus UNION OF INDIA

RAGHUNATHRAO GANPATRAO ETC. ETC. versus UNION OF INDIA

The Constitution (Twenty-Sixth Amendment) Act, 1971, does not violate basic structure or essential features of the Constitution. The deletion of Articles 291 and 362 and insertion of Article 363A, as well as new clause (22) in Article 366, do not alter the identity, character, or scheme of the Constitution. No principle of justice, either economic, political, or social, is violated; all privy purse holders are treated alike. The power of Parliament to amend the Constitution, though plenary, is subject to basic structure limitation, which is not breached by this amendment.

Parties
Petitioner: Raghunathrao Ganpatrao; Respondent: Union of India; Intervenor: Daughters of Late Maharaja of Mysore
Jurisdiction
India
Judgment Date
04 February 1993
Procedural Posture
Writ Petition / Final Judgment
Outcome
Petitions dismissed; validity of Constitution (Twenty-Sixth Amendment) Act, 1971 affirmed.
Legal Topics
Constitutional Amendments, Basic Structure Doctrine, Abolition of Privy Purses, Privileges of Former Rulers, Article 14 Equality, Article 19(1)(g) Rights, Article 21 Right to Life, Article 31 Property Rights
Constitutional Law Constitutional Amendments Basic Structure Doctrine Abolition of Privy Purses Privileges of Former Rulers Article 14 Equality Article 19(1)(g) Rights Article 21 Right to Life +1 more

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Parties

Raghunathrao Ganpatrao

Petitioner

Union of India

Respondent

Daughters of Late Maharaja of Mysore

Intervenor

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the Constitution (Twenty-Sixth Amendment) Act, 1971, abolishing privy purses and recognition of rulers, violates the basic structure or essential features of the Constitution
  2. 2 Whether the Twenty-Sixth Amendment Act is violative of Articles 14, 19(1)(g), 21, and 31(1),(2)
  3. 3 Whether the Amendment Act affects the organic unity and identity of the Constitution

Ratio Decidendi

The Constitution (Twenty-Sixth Amendment) Act, 1971, does not violate basic structure or essential features of the Constitution. The deletion of Articles 291 and 362 and insertion of Article 363A, as well as new clause (22) in Article 366, do not alter the identity, character, or scheme of the Constitution. No principle of justice, either economic, political, or social, is violated; all privy purse holders are treated alike. The power of Parliament to amend the Constitution, though plenary, is subject to basic structure limitation, which is not breached by this amendment.

Court Disposition

Petitions dismissed; validity of Constitution (Twenty-Sixth Amendment) Act, 1971 affirmed.

Orders

  • All petitions and applications dismissed.
  • Constitution (Twenty-Sixth Amendment) Act, 1971 held valid in its entirety.