13th Amendment Research Paper

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Thus, 13th amendment of the American constitution slavery abolition bill was passed and constitution gave natural way of life to the citizen of USA as well as 14th amendment of American constitution i.e. liberty has been held to include unlimited freedom of contract and person has come to cover corporation. The result is that big corporation has been able to protect themselves behind the cover of the natural rights of an individual. The conflict of law and fact was originally founded on natural justice. The principle of natural justice have been developed to secure justice and to prevent miscarriage of justice. These principle of natural justice is a universal in nature and the same found in our constitution also. At the present days these …show more content…

In the case of Shankari Prasad (1951) and afterward in the case of Golakh nath (1967), the parliament reacted to the Supreme Court’s judgment in the Golakh nath case by enacting the 24th Amendment Act (1971) this act amended Article 13 and Article 368. It declared that, the parliament has the power to abridge or take away any of the fundamental rights under Article 368 and such an act will not be a law under the meaning of Article 13th of the constitution. However the constitutional bench of 13th judges by 7:6 observed that in famous case Kesavanand bharti vs state of kerala, prominent lawyer Nani Palkhiwala argued before the bench and stated that Parliament have right to amend the constitution excluding fundamental rights which is guaranteed provided by constitution in part 3 of the constitution and Article 12 to 35. The bench laid down a new doctrine ‘Basic structure of the Constitution’ and also made it clear that, constituent power of parliament under Article 368 does not enable it to alter the Basic Structure of the constitution. In 1975, supreme court in the case of Indira Neharu Ghandhi case pertaining to 39th amendment Act (1975) and 42nd amendment Act (1976) and Minerva Mill case (1980) applying the doctrine of Basic structure with respect to Article 368. Secondly the question …show more content…

Nobody is able to define the values of the constitution by way of express and implied manner, because constitution itself a fundamental rights, all these aspects of the same derived from the Natural way i.e. Natural Justice. If someone is likely to infringe the natural justice it will be considered as an infringement of fundamental rights which is provided and guaranteed by the constitution of India. In order to natural justice the golden triangle of the fundamental rights has to be protected by the each and every persons of India and it is also duty towards the people as well as state to protect and preserve the

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