Waman Rao Case
Waman Rao v. Union of India
Citation: AIR 1981 SC 271
Bench: Constitution Bench (5 Judges)
Date: 1981
🔹 Background
The case dealt with the validity of the 42nd Constitutional Amendment Act, 1976, popularly known as the “Mini Constitution”, passed during the Emergency period.
The Amendment had introduced clauses like:
Adding Articles 31C and modifying others to limit judicial review of laws aimed at implementing Directive Principles of State Policy (DPSP).
Altering the Basic Structure Doctrine by declaring that laws made to implement DPSPs cannot be challenged even if they violate Fundamental Rights.
The controversy was whether the Parliament had unlimited power to amend the Constitution, including the Fundamental Rights, and to restrict judicial review.
🔹 Issues Before the Court
Whether the 42nd Amendment altered or destroyed the basic structure of the Constitution.
Whether Parliament’s power of amendment under Article 368 is unlimited.
Whether laws made to implement Directive Principles can override Fundamental Rights without judicial review.
🔹 Judgment Summary
The Supreme Court held that:
Parliament’s power to amend the Constitution under Article 368 is not unlimited.
The Basic Structure Doctrine (established earlier in Kesavananda Bharati v. State of Kerala) limits the power of amendment.
The amendments introduced by the 42nd Amendment, which tried to exclude judicial review on laws implementing DPSP, were unconstitutional to the extent that they violated the basic structure.
Fundamental Rights remain protected and cannot be abrogated or overridden by mere legislation or constitutional amendment if it damages the basic framework.
The doctrine of basic structure was reaffirmed and clarified.
The Court struck down parts of the 42nd Amendment which sought to curtail judicial review and undermine fundamental rights.
🔹 Significance
Confirmed that the basic structure of the Constitution cannot be altered even by constitutional amendment.
Strengthened judicial review as a safeguard against arbitrary amendments.
Emphasized the balance between Directive Principles and Fundamental Rights.
Played a crucial role in restoring constitutionalism post-Emergency.
🔹 Summary Table
| Aspect | Waman Rao Case (1981) |
|---|---|
| Subject | Validity of 42nd Constitutional Amendment |
| Key Principle | Basic Structure Doctrine limits Parliament’s power to amend Constitution |
| Judicial Review | Cannot be excluded even for laws implementing DPSPs |
| Outcome | Struck down parts of the 42nd Amendment |
| Importance | Reaffirmed supremacy of Fundamental Rights and Basic Structure Doctrine |
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