Basic Structure Debate In Context Of Indian Constitution

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The Doctrine of Basic Structure is a judge-made doctrine which was propounded by the Indian Judiciary on 24th April 1973 in Keshavananda Bharati Sripadagalvaru case to put a. The concept of basic structure came into existence in the landmark judgment in the Kesavananda Bharati vs State of Kerala case 1973 47 years ago.

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These basic structure state that the government of India cant touch or destroy.

Basic structure debate in context of indian constitution. Evolution of the doctrine to be understood in context of the initial judicial disputes in India between fundamental rights and directive principles. 2007 BASIC STRUCTURE OF THE INDIAN CONSTITUTION 367 growth and development. It is a doctrine of Judicial Review applied by higher judiciary in India to examine validity of constitutional amendments.

Sajjan Singh case1965. The doctrine of Basic Structure helped in maintaining the supremacy of the Constitution and to prevent its destruction by a temporary majority in Parliament. The term Basic Structure is not mentioned in the Constitution.

In simple words Constitution refers to a set of rules regulating the governance of a state and it has legal force. This doctrine was laid down in Keshavananda Bharati Case 1973 and it is evolving since then. Through this audio article we will discu.

The debate on the basic structure of the Constitution lying somnolent in the archives of Indias constitutional history during the last decade of the 20th century has reappeared in the public realmWhile setting up the National Commission to Review the Working of the Constitution the Commission the National Democratic Alliance government formed by a coalition of 24 national and. A BACKGROUND Reasons for Emergence of Doctrine. In todays audio article we have discussed about the importance of the Basic Structure of the Indian Constitution.

The Kesavananda Bharati 6 case is most important in this context. The basic structure of the Constitution of India. Evolution of basic structure concept Shankari Prasad Singh case1951 In the case Shankari Prasad Singh vUnion of India AIR 1951 SC 458 the Supreme Court claimed that the Parliaments power of amending the Constitution under Article 368 included the power to amend the Fundamental Rights conferred in Part III as well.

Supremacy Of The Constitution. However this power of the Parliament is not absolute. The Doctrine of Basic Structure.

The doctrine of Basic Structure is one of the greatest contributions of Indian Judiciary to theory of constitutionalism. Basic structure doctrine applied Minerva Mills vs Union of India 42nd Amendment struck down Limited amending power is itself basic structure Fundamental rights and directive principles constitute the Arc of the Constitution I R Coelho vs State of Tamil Nadu Articles 14 19 21 Golden triangle Basic structure. Six judges led by Sikri CJI Shelat Grover Hegde.

The basic features of constitution which are. The Indian Constitution was brought into force on January26 1950. This was owing to the fact that the 13 -judge constitutional court was deeply divided on the issue whether or not there really exists the basic structure of the Constitution apart from the Constitution itself.

The debate whether India has a Federal Constitution and Federal Government has been grappling the Apex court in India because of the theoretical label given to the Constitution of India namely federal quasi-federal unitary. The power to amend the Constitution is only with the Parliament and not the state legislative assemblies. The Doctrine of Basic Structure is a judge-made doctrine which was propounded by the Indian Judiciary on 24th April 1973 in Keshavananda Bharati Sripadagalvaru case to put a limitation on the amending powers of the Parliament so that the basic structure of the basic law of the land cannot be amended in exercise of its constituent power under the Constitution.

It is a Judicial innovation. The basic structure of Indian constitution or doctrine applies during the time of amendments in constitution of India. The doctrine of basic structure deals with whether the Parliament has the power to amend the basic structure of the Constitution.

As adumbrated supra the basic structure of the fundamental rights conferred upon the people of constitution of India or right to equality before law prohibition of Discrimination on grounds of religion race caste sex or place of birth equality of opportunity in matters of public employment abolition of untouchability abolition of titles. Until the West Bengal decision in 1963 our Supreme Court had made many pronouncements labeling the Indian Constitution as federal. The debate continued through many landmark judgements which were made by the Supreme Court especially about the basic structure doctrine which takes up an important place in the history of this debate in our country.

Basic Structure Doctrine - Landmark Cases In Indian Polity According to the Indian Constitution the Parliament and the State Legislatures can make laws within their jurisdictions.

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