Download, print and study this document offline |
Page 1 The Basic Structure of the Constitution Page 2 The Basic Structure of the Constitution Essential Components of a Constitutional Framework 1 Preamble The preamble sets out the national goals and aspirations. 2 Fundamental Rights These rights guarantee citizens' basic liberties and protections. 3 Directive Principles These principles guide government policies and actions. 4 Government Organization Defines the structure and powers of government branches. The basic structure of a constitution encompasses a range of critical elements, each serving a distinct purpose in establishing a nation's legal and political identity. These elements collectively form the foundational framework of a nation's legal and political system, ensuring stability, justice, and the rule of law. Page 3 The Basic Structure of the Constitution Essential Components of a Constitutional Framework 1 Preamble The preamble sets out the national goals and aspirations. 2 Fundamental Rights These rights guarantee citizens' basic liberties and protections. 3 Directive Principles These principles guide government policies and actions. 4 Government Organization Defines the structure and powers of government branches. The basic structure of a constitution encompasses a range of critical elements, each serving a distinct purpose in establishing a nation's legal and political identity. These elements collectively form the foundational framework of a nation's legal and political system, ensuring stability, justice, and the rule of law. Emergence of the Basic Structure: Landmark Cases 1 Shankari Prasad Case (1951) Parliament can amend Fundamental Rights; amendment acts are not 'law' under Article 13. 2 Sajjan Singh Case (1964) Affirmed Parliament's power to amend the Constitution under Article 368. 3 Golak Nath Case (1967) Fundamental Rights are immutable; Parliament cannot amend them. Amendment acts can be void. 4 24th Amendment Act (1971) Parliament can amend Fundamental Rights; such acts are not 'law' under Article 13. The doctrine of basic structure did not emerge overnight. The evolution of the doctrine can be traced through a series of landmark cases. These decisions shaped the understanding of constitutional amendability and the limits of parliamentary power. Page 4 The Basic Structure of the Constitution Essential Components of a Constitutional Framework 1 Preamble The preamble sets out the national goals and aspirations. 2 Fundamental Rights These rights guarantee citizens' basic liberties and protections. 3 Directive Principles These principles guide government policies and actions. 4 Government Organization Defines the structure and powers of government branches. The basic structure of a constitution encompasses a range of critical elements, each serving a distinct purpose in establishing a nation's legal and political identity. These elements collectively form the foundational framework of a nation's legal and political system, ensuring stability, justice, and the rule of law. Emergence of the Basic Structure: Landmark Cases 1 Shankari Prasad Case (1951) Parliament can amend Fundamental Rights; amendment acts are not 'law' under Article 13. 2 Sajjan Singh Case (1964) Affirmed Parliament's power to amend the Constitution under Article 368. 3 Golak Nath Case (1967) Fundamental Rights are immutable; Parliament cannot amend them. Amendment acts can be void. 4 24th Amendment Act (1971) Parliament can amend Fundamental Rights; such acts are not 'law' under Article 13. The doctrine of basic structure did not emerge overnight. The evolution of the doctrine can be traced through a series of landmark cases. These decisions shaped the understanding of constitutional amendability and the limits of parliamentary power. Landmark Cases in Basic Structure Doctrine Kesavananda Bharati Case (1973) Introduced the 'basic structure' doctrine; Parliament cannot alter fundamental features of the Constitution. Indira Gandhi Case (1975) Applied the 'basic structure' doctrine; invalidated a provision of the 39th Amendment. 42nd Amendment Act (1976) Attempted to remove limitations on Parliament's power and exclude judicial review; response to basic structure. The Kesavananda Bharati case marks a turning point in Indian constitutional law, establishing the principle that while the constitution can be amended, the basic tenets cannot be changed. This principle protects the core values of the constitution from legislative overreach. Page 5 The Basic Structure of the Constitution Essential Components of a Constitutional Framework 1 Preamble The preamble sets out the national goals and aspirations. 2 Fundamental Rights These rights guarantee citizens' basic liberties and protections. 3 Directive Principles These principles guide government policies and actions. 4 Government Organization Defines the structure and powers of government branches. The basic structure of a constitution encompasses a range of critical elements, each serving a distinct purpose in establishing a nation's legal and political identity. These elements collectively form the foundational framework of a nation's legal and political system, ensuring stability, justice, and the rule of law. Emergence of the Basic Structure: Landmark Cases 1 Shankari Prasad Case (1951) Parliament can amend Fundamental Rights; amendment acts are not 'law' under Article 13. 2 Sajjan Singh Case (1964) Affirmed Parliament's power to amend the Constitution under Article 368. 3 Golak Nath Case (1967) Fundamental Rights are immutable; Parliament cannot amend them. Amendment acts can be void. 4 24th Amendment Act (1971) Parliament can amend Fundamental Rights; such acts are not 'law' under Article 13. The doctrine of basic structure did not emerge overnight. The evolution of the doctrine can be traced through a series of landmark cases. These decisions shaped the understanding of constitutional amendability and the limits of parliamentary power. Landmark Cases in Basic Structure Doctrine Kesavananda Bharati Case (1973) Introduced the 'basic structure' doctrine; Parliament cannot alter fundamental features of the Constitution. Indira Gandhi Case (1975) Applied the 'basic structure' doctrine; invalidated a provision of the 39th Amendment. 42nd Amendment Act (1976) Attempted to remove limitations on Parliament's power and exclude judicial review; response to basic structure. The Kesavananda Bharati case marks a turning point in Indian constitutional law, establishing the principle that while the constitution can be amended, the basic tenets cannot be changed. This principle protects the core values of the constitution from legislative overreach. Key Elements of the Basic Structure Supremacy of the Constitution The Constitution is the supreme law of the land. Sovereign, Democratic, and Republican Polity India is a sovereign, democratic republic. Secular Character The Constitution guarantees religious freedom. Separation of Powers Division of powers between legislature, executive, and judiciary. Several elements are considered fundamental to the basic structure of the Indian Constitution. These features reflect the core values and principles upon which the nation is founded, ensuring that the Constitution remains true to its original intent and purpose.Read More
144 videos|639 docs|203 tests
|