Opinion Forty years ago on October 21

Basic Structure Case

The Supreme Court was to consider anew whether the power of amendment of the Constitution vested in Parliament was restricted by the basic structure theory as propounded in the Kesavananda Bharati case. This became clear when a division bench of the court, presided over by the chief justice, directed that certain pending civil appeals and writ petitions on this issue — and also on whether the bank nationalisation case of 1970 was correctly decided — be posted for hearing on November 10. The approximately 75 writ petitions and civil appeals relate mostly to several acts, Central and state, on nationalisation of industries and payment of compensation. In Kesavananda Bharati, by a seven-six majority, the court had said the power vested in Parliament to amend the Constitution did not include the power to change the basic structure or framework of the Constitution. In the bank nationalisation case, an 11-member bench, by a majority of 10 to one, had voided the 1969 Bank Nationalisation Act. A 13-member bench of the court could overrule the Kesavananda Bharati decision or clarify the judgment.

Bonded Labour Ban

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The Karnataka government promulgated an ordinance abolishing bonded labour in the state. Under the ordinance, all obligations in the system to render service were extinguished. All money due under the agreement stood discharged. The ordinance also provided for a penalty for recovery of such money of a minimum of three months imprisonment and a minimum fine of Rs 500. It also provided for the refund of money collected by the creditor from the debtor.

TN Land Laws

Union Agriculture Minister Jagjivan Ram asked the Tamil Nadu government to amend its land ceiling law to conform with the Central guidelines.