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Basic Structure of Constitution
What is the Basic Structure Doctrine?
Judicial creation
Not mentioned in Constitution
Recognized in Kesavananda Bharati case
Limits Parliament's amending power
Preserves Constitution's core
Ensures fundamental features remain unchanged
Protects Constitution's core
Core values and principles
Ensures democratic, federal structure
Genesis of the Doctrine
Keshavananda Bharati case (1973)
Landmark judgment
De ?ned limits of Parliament's power
Right to property issue
Triggered the need for doctrine
First constitutional amendment (1951)
Challenged in Shankari Prasad case
Features of the Basic Structure
Supremacy of Constitution
Foundation of all laws
Governs legislative actions
Sovereign, democratic, republican nature
Core of Indian polity
De ?nes India's political identity
Secular character
Ensures religious freedom
Integral to Indian ethos
Separation of powers
Between legislature, executive, judiciary
Prevents concentration of power
Federal character
Balance between Union and States
Ensures unity in diversity
Unity and integrity of nation
National coherence
Overarching principle
Welfare state
Socio-economic justice
Aimed at public welfare
Judicial review
Checks constitutionality of laws
Protects citizens' rights
Freedom and dignity of individual
Fundamental human rights
Upholds personal liberties
Parliamentary system
Democratic governance
Representation of people
Rule of law
Legal equality
Fair administration
Fundamental Rights and Directive Principles balance
Harmonizes individual rights and social welfare
Guides state policy
Equality principle
Non-discrimination
Equal opportunity for all
Free and fair elections
Basis of democracy
Ensures people's mandate
Independence of Judiciary
Impartial justice system
Protects rights and liberties
Limited Parliament amendment power
Restricts arbitrary amendments
Preserves Constitution's essence
Signi ?cance of the Doctrine
Preserves constitutional principles
Upholds founding values
Protects against arbitrary changes
Maintains Constitution's supremacy
Above all authorities
Ensures rule of law
Balances Parliament and Supreme Court responsibilities
Checks and balances
Protects democratic structure
Criticisms of the Doctrine
Vagueness and ambiguity
Lack of clear de ?nition
Subject to interpretation
Judicial overreach
Accusations of exceeding authority
Balances power dynamics
A ?ects separation of powers
Challenges traditional roles
Invokes debate on judicial role
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