The provision of the Indian Constitution cannot be amended, which is__...
Judicial Review forms the part of the basic structure of the Constitution which cannot be altered by the amendment procedure. In fact, now the ‘Judicial Review’ is considered to be the basic feature of our Constitution.
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The provision of the Indian Constitution cannot be amended, which is__...
< b="" />Judicial Review< />
The provision of the Indian Constitution that cannot be amended is < b="" />Judicial Review< />. Judicial Review is a doctrine that empowers the judiciary to review and determine the constitutional validity of laws and executive actions. It is an essential feature of the Indian Constitution that ensures checks and balances and upholds the rule of law.
< b="" />Explanation:< />
1. < b="" />Constitutional Validity:< /> Judicial Review allows the judiciary to examine whether the laws passed by the legislature or the actions taken by the executive comply with the provisions of the Constitution. If a law or action is found to be unconstitutional, it can be struck down by the courts.
2. < b="" />Power of Judicial Review:< /> The power of Judicial Review is derived from Article 13 of the Indian Constitution, which declares that any law that contravenes the fundamental rights of citizens is void. The judiciary has the authority to interpret and apply the Constitution, ensuring that the rights and liberties of individuals are protected.
3. < b="" />Supreme Court's Authority:< /> The Supreme Court of India is the highest court of the land and has the ultimate authority in matters of Judicial Review. It has the power to interpret the Constitution, declare laws unconstitutional, and safeguard the rights of citizens.
4. < b="" />Limits on Amending Judicial Review:< /> The power of Judicial Review is considered a basic feature of the Indian Constitution, which cannot be amended or abrogated by the Parliament. This limitation is imposed to preserve the independence and integrity of the judiciary, ensuring that it can act as a check on the other branches of government.
5. < b="" />Role in Upholding the Constitution:< /> Judicial Review plays a crucial role in upholding the supremacy of the Constitution and protecting the rights of individuals. It acts as a safeguard against arbitrary and unconstitutional actions by the government and ensures that the principles and values enshrined in the Constitution are upheld.
In conclusion, the provision of the Indian Constitution that cannot be amended is Judicial Review. It is a vital aspect of the Constitution, empowering the judiciary to review and determine the constitutional validity of laws and executive actions. This provision ensures the protection of fundamental rights and upholds the rule of law in India.