Role of Supreme Court in evolution of basic provisions of Constitution

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Basic Structure

The Basic Structure Doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the Fundamental Rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this “basic structure” of the constitution.

In 1965, The “basic features” principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan.

In 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna’s judgment in the landmark decision of Kesavananda Bharati v. State of Kerala. Previously, The Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic Elements or fundamental features of the constitution.

In 1975, Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian Democracy.

In 1980, The Constitution (Forty-Second Amendment) Act had been enacted by the government of Indira Gandhi in response to the Kesavananda judgment in an effort to reduce the power of the Judicial Review of constitutional amendments by the Supreme Court. In the Minerva Mills case, Nani Palkhivala successfully moved the Supreme Court to declare sections 4 & 55 of the 42nd amendment as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in the Minerva Mills judgment that since the power of Parliament to amend the constitution was limited, as had been previously held through the basic structure doctrine in the Kesavananda case, the parliament could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). In addition, the court also ruled that the parliament’s “power to amend is not a power to destroy”.

The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must itself be in conformity with the constitution.

In Kesavananda there were differing opinions even among the majority for what the “basic structure” of the constitution comprised.

Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:

Justices Shelat and Grover in their opinion added three features to the Chief Justice’s list:

Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:

  • The sovereignty of India.
  • The democratic character of the Polity.
  • The unity of the country.
  • Essential features of individual freedoms.
  • The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at The Preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:

  • A sovereign democratic republic.
  • The provision of social, economic and political justice.
  • Liberty of thought, expression, belief, faith and worship.
  • Equality of status and opportunity.

The interpretation of the basic structure has since evolved in numerous other court rulings since the Kesavananda judgment.

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The Supreme Court is the highest court in the United States. It has the power to decide cases that involve the Constitution, federal laws, and treaties. The Court also has the power to review decisions of lower courts.

The Supreme Court has played a major role in the evolution of the basic provisions of the Constitution. For example, the Court has interpreted the First Amendment to protect freedom of speech, the Second Amendment to protect the right to bear arms, and the Fourteenth Amendment to guarantee equal protection under the law.

The Supreme Court has also played a role in the development of new constitutional rights. For example, the Court has recognized the Right to Privacy, the right to marry, and the right to abortion.

The Supreme Court is an important part of the American System of Government. It has the power to shape the meaning of the Constitution and to protect the rights of Americans.

Here are some frequently asked questions about the Supreme Court:

  1. What is the Supreme Court?

The Supreme Court is the highest court in the United States. It has the power to decide cases that involve the Constitution, federal laws, and treaties. The Court also has the power to review decisions of lower courts.

  1. How many justices are on the Supreme Court?

There are nine justices on the Supreme Court. They are appointed by the President and confirmed by the Senate.

  1. What are the qualifications for being a Supreme Court justice?

There are no specific qualifications for being a Supreme Court justice. However, justices are typically lawyers who have served in other high-level positions, such as on a lower court or in the government.

  1. How long do Supreme Court justices serve?

Supreme Court justices serve for life, or until they resign or retire.

  1. What are the powers of the Supreme Court?

The Supreme Court has the power to decide cases that involve the Constitution, federal laws, and treaties. The Court also has the power to review decisions of lower courts.

  1. What are some of the most important cases that the Supreme Court has decided?

Some of the most important cases that the Supreme Court has decided include Brown v. Board of Education, which struck down racial segregation in public schools; Roe v. Wade, which legalized abortion; and Bush v. Gore, which decided the 2000 presidential election.

  1. What is the role of the Supreme Court in the American system of government?

The Supreme Court is an important part of the American system of government. It has the power to shape the meaning of the Constitution and to protect the rights of Americans.

The Supreme Court of India is the highest court in India. It was established in 1950 under the Constitution of India. The Supreme Court has original jurisdiction in a number of cases, including disputes between the central government and the state governments, and disputes between the states. The Supreme Court also has Appellate Jurisdiction in a number of cases, including appeals from the High Courts. The Supreme Court is the final court of appeal in India.

The Supreme Court has played a significant role in the evolution of the basic provisions of the Constitution. In a number of landmark cases, the Supreme Court has interpreted the Constitution and given it meaning. The Supreme Court has also struck down a number of laws that it has found to be unconstitutional.

The Supreme Court has played a vital role in the development of democracy in India. It has upheld the rights of citizens and protected the Rule of Law. The Supreme Court has also played a role in promoting social justice and Economic Development.

The following are some MCQs on the role of the Supreme Court in the evolution of the basic provisions of the Constitution:

  1. The Supreme Court has original jurisdiction in a number of cases, including:
    (a) Disputes between the central government and the state governments
    (b) Disputes between the states
    (c) Cases involving the interpretation of the Constitution
    (d) All of the above

  2. The Supreme Court has appellate jurisdiction in a number of cases, including:
    (a) Appeals from the High Courts
    (b) Cases involving the interpretation of the Constitution
    (c) Cases involving the fundamental rights of citizens
    (d) All of the above

  3. The Supreme Court is the final court of appeal in India. This means that:
    (a) The Supreme Court’s decisions cannot be appealed to any other court
    (b) The Supreme Court’s decisions are binding on all lower courts
    (c) Both (a) and (b)

  4. The Supreme Court has played a significant role in the evolution of the basic provisions of the Constitution. This is because:
    (a) The Supreme Court has interpreted the Constitution and given it meaning
    (b) The Supreme Court has struck down a number of laws that it has found to be unconstitutional
    (c) Both (a) and (b)

  5. The Supreme Court has played a vital role in the development of democracy in India. This is because:
    (a) The Supreme Court has upheld the rights of citizens
    (b) The Supreme Court has protected the rule of law
    (c) The Supreme Court has also played a role in promoting social justice and economic development
    (d) All of the above