<–2/”>a >Basic Structure Doctrine was given in the Keshvanand Bharati case in 1973. According to it some basic Elements of the constitution cannot be amended. Ambit of basic structure is not defined by any rule and regulation. It has been constantly evolving by judicial interpretation. Example of basic structure are Secularism-2/”>Secularism, Supremacy of the Constitution, separation of the power between judiciary, executive and legislature., federal structure etc.
Its relevance can be explain by its origin. It came into existence when 24th Amendment of the constitution empowered parliament to amend any part of the constitution. To restore such imbalance of power basic structure came into existence via judicial pronouncement.
Further it has helped judiciary to give efficient judgements and to decide on cases where according to judiciary parliament has transgress on its power.
It is a turning point in the constitutional history of India. As it tried to settle the tussle going on between judiciary and executive. It ensure that the constitution ideals remain sacrosanct. It put limitation on the power of legislature and executive. It tried to give permanency to the constitution of India.
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The basic structure doctrine is a constitutional doctrine under which The Supreme Court of India has held that certain features of the Constitution of India are not amendable. The doctrine was first articulated in the Kesavananda Bharati case in 1973, and has been applied in a number of subsequent cases.
The basic structure doctrine is based on the idea that the Constitution of India is a fundamental law that cannot be easily changed. The doctrine protects certain essential features of the Constitution, such as the Sovereignty of India, the unity and Integrity of the country, the secular nature of the state, and the democratic form of government.
The basic structure doctrine has been controversial, with some arguing that it gives the Supreme Court too much power. However, the doctrine has been upheld by the Supreme Court on a number of occasions, and it is now an important part of Indian constitutional law.
The following are the sub topics of the basic structure of the constitution:
- Sovereignty of India
- Unity and integrity of the country
- Secular nature of the state
- Democratic form of government
- Rule of Law
- Equality before the law
- Freedom of speech and expression
- Freedom of religion
- Freedom of Assembly
- Freedom of Association
- Freedom to move freely throughout the territory of India
- Freedom to reside and settle in any part of the territory of India
- Freedom to acquire, hold and dispose of property
- Right to equality
- Right against exploitation
- Right to freedom
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies
- Directive Principles of State Policy
Sovereignty of India
The sovereignty of India is the supreme power of the Indian state. It is the power to make laws, to enforce laws, and to adjudicate disputes. The sovereignty of India is derived from the people of India, and it is exercised by the government of India.
The unity and integrity of the country
The unity and integrity of the country is the principle that India is a single, indivisible nation. It is the principle that all parts of India are united, and that they cannot be divided. The unity and integrity of the country is protected by the Constitution of India, and it is the duty of the government of India to protect it.
The secular nature of the state
The secular nature of the state is the principle that the state is not affiliated with any religion. It is the principle that the state does not promote any religion, and that it does not discriminate against any religion. The secular nature of the state is protected by the Constitution of India, and it is the duty of the government of India to protect it.
The democratic form of government
The democratic form of government is the principle that the government is elected by the people. It is the principle that the people have the right to choose their leaders, and that the government is accountable to the people. The democratic form of government is protected by the Constitution of India, and it is the duty of the government of India to protect it.
Rule of law
The rule of law is the principle that everyone is subject to the law, including the government. It is the principle that the law is supreme, and that no one is above the law. The rule of law is protected by the Constitution of India, and it is the duty of the government of India to protect it.
Equality before the law
Equality before the law is the principle that everyone is equal before the law, regardless of their race, religion, caste, sex, or any other status. It is the principle that everyone is entitled to equal protection of the law. Equality before the law is protected by the Constitution of India, and it is the duty of the government of India to protect it.
Freedom of speech and expression
Freedom of speech and expression is the right to express one’s opinions without fear of censorship or reprisal. It is the right to hold and express opinions, and to communicate those opinions to others. Freedom of speech and expression is protected by the Constitution of India, and it is the duty of the government of India to protect it.
Freedom of religion
Freedom of religion is the right to practice one’s religion without interference from the government. It is the right to believe in any religion, or to believe in no religion at all. Freedom of religion is protected by the Constitution of India, and it is the duty of the government of India to protect it.
Freedom of assembly
Freedom of assembly is the right to assemble peacefully and without arms. It is the right to meet together with others to discuss matters of common interest. Freedom of assembly is protected by the Constitution of India, and it is the duty of the government of India to protect it.
Freedom of association
Freedom of association is the right to form associations with others for any lawful purpose. It is the right to join clubs, unions, and other organizations. Freedom of
The basic structure doctrine is a constitutional doctrine in India that holds that certain features of the Constitution are so fundamental that they cannot be amended. The doctrine was first articulated by the Supreme Court of India in the case of Kesavananda Bharati v. State of Kerala (1973). In that case, the Court held that the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies are all part of the basic structure of the Constitution.
The basic structure doctrine has been used by the Supreme Court to strike down a number of Amendments to the Constitution. For example, in the case of Minerva Mills v. Union of India (1980), the Court struck down an amendment that would have allowed the government to take over private property without compensation. In the case of Indira Gandhi v. Raj Narain (1975), the Court struck down an amendment that would have allowed the Prime Minister to remain in office indefinitely.
The basic structure doctrine has been controversial since it was first articulated. Some scholars have argued that it is undemocratic, as it allows unelected judges to strike down laws that have been passed by elected representatives. Others have argued that it is necessary to protect the Fundamental Rights of citizens from being eroded by the government.
The basic structure doctrine remains an important part of Indian constitutional law. It has been used to protect the fundamental rights of citizens and to ensure that the government does not become too powerful.
Here are some frequently asked questions about the basic structure doctrine:
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What is the basic structure doctrine?
The basic structure doctrine is a constitutional doctrine in India that holds that certain features of the Constitution are so fundamental that they cannot be amended. -
When was the basic structure doctrine first articulated?
The basic structure doctrine was first articulated by the Supreme Court of India in the case of Kesavananda Bharati v. State of Kerala (1973). -
What are some of the features that are considered to be part of the basic structure of the Constitution?
Some of the features that are considered to be part of the basic structure of the Constitution include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. -
How has the basic structure doctrine been used by the Supreme Court?
The basic structure doctrine has been used by the Supreme Court to strike down a number of amendments to the Constitution. For example, in the case of Minerva Mills v. Union of India (1980), the Court struck down an amendment that would have allowed the government to take over private property without compensation. In the case of Indira Gandhi v. Raj Narain (1975), the Court struck down an amendment that would have allowed the Prime Minister to remain in office indefinitely. -
What are some of the criticisms of the basic structure doctrine?
Some scholars have argued that the basic structure doctrine is undemocratic, as it allows unelected judges to strike down laws that have been passed by elected representatives. Others have argued that it is necessary to protect the fundamental rights of citizens from being eroded by the government. -
What is the future of the basic structure doctrine?
The basic structure doctrine remains an important part of Indian constitutional law. It has been used to protect the fundamental rights of citizens and to ensure that the government does not become too powerful.
The basic structure doctrine is a constitutional doctrine in India that holds that certain features of the Constitution of India are so fundamental to the nation’s identity and constitutional ethos that they cannot be amended, even by a constitutional amendment. The doctrine was first articulated by the Supreme Court of India in the Kesavananda Bharati case in 1973.
The basic structure doctrine has been invoked by the Supreme Court to strike down a number of constitutional amendments, including the 42nd Amendment, which was passed by the Indira Gandhi government in 1976. The 42nd Amendment had made a number of changes to the Constitution, including increasing the powers of the Prime Minister and the President, and diluting the powers of the judiciary. The Supreme Court held that these changes were unconstitutional, as they violated the basic structure of the Constitution.
The basic structure doctrine has been controversial, with some arguing that it gives the Supreme Court too much power. However, the doctrine has been upheld by the Supreme Court on a number of occasions, and it remains an important part of Indian constitutional law.
Here are some MCQs on the basic structure doctrine:
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The basic structure doctrine was first articulated by the Supreme Court of India in which case?
(A) Kesavananda Bharati case (1973)
(B) Golaknath case (1967)
(C) Minerva Mills case (1980)
(D) Indira Gandhi case (1975) -
Which of the following is not a feature of the basic structure of the Constitution of India?
(A) Secularism
(B) Socialism
(C) Democracy
(D) Federalism -
The basic structure doctrine has been invoked by the Supreme Court to strike down which of the following constitutional amendments?
(A) The 42nd Amendment
(B) The 44th Amendment
(C) The 52nd Amendment
(D) The 93rd Amendment -
Which of the following is not a criticism of the basic structure doctrine?
(A) It gives the Supreme Court too much power.
(B) It is not clear which features of the Constitution are part of the basic structure.
(C) It is difficult to enforce.
(D) It is undemocratic. -
The basic structure doctrine remains an important part of Indian constitutional law.
(A) True
(B) False
The answers to the MCQs are:
1. (A)
2. (B)
3. (A)
4. (D)
5. (A)