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Which doctrine asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala?
  • a)
    Doctrine of Basic Structure
  • b)
    Doctrine of Casus Omissus
  • c)
    Doctrine of Constitutional Morality
  • d)
    Doctrine of Territorial Nexus
Correct answer is option 'A'. Can you explain this answer?
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Which doctrine asserts that certain characteristics of a constitution ...
The Doctrine of Basic Structure asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala. It safeguards the core features of the constitution.
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Directions: Read the following passage and answer the question.The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose reasonable restrictions on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled tribes.Q.A law was enacted by the Parliament of India which consisted of a provision making it mandatory for every person riding a two-wheeler in India, to wear a helmet, failing which such person was made liable to a fine. Mr. X, a citizen of India, was fined for violation of the said provision. Mr. X challenged the constitutional validity of the said provision. In the given situation, which of the following statements is/are correct?

Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. Imagine a situation that a state made law encroaching on the subjects mentioned in the union list. Union of India approached the Supreme Court and prima facie proved that indeed the encroachment is happening on the union list. Can the law be stayed by the Supreme Court at first instance? Decide.

Under our Constitution, the Legislature, Executive and Judiciary all have their own broad spheres of operation.Ordinarily it is not proper for any of these three organs of the State to encroach upon the domain of another, otherwise the delicate balance in the Constitution will be upset, and there will be a reaction. Judges must know their limits and must not try to run the Government. They must have modesty and humility, and not behave like Emperors. There is broad separation of powers under the Constitution and each organ of the State the legislature, the executive and the judiciary must have respect for the others and must not encroach into each other’s domains.The theory of separation of powers first propounded by the French thinker Montesquieu (in his book ‘The Spirit of Laws' broadly holds the field in India too. In chapter XI of his book ‘The Spirit of Laws’ Montesquieu writes:When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the judicial power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.In India, the judiciary occupies an important place. The constitution visualizes an independent judiciary to safeguard the rights of citizens. In a democratic polity, the independent judiciary is a sine qua non to the effective functioning of the system. Administration has to function according to the law and the Constitution. The judiciary has an important role to play in protecting the citizen against the arbitrary exercise of power by administration.In the context of ever-expanding activities of government and discretionary powers vested in the various administrative agencies and public officials, the need to protect and safeguard the citizen's rights assumes significance and priority. In developing societies where the state is playing an important role in development, judiciary has a special responsibility to ensure social justice to the underprivileged sections of the community. However, it must be admitted that the courts cannot interfere in the administrative activities on their own accord even if such activities are arbitrary. They act only when their intervention is sought. Judicial intervention is restrictive in nature and limited in its scope.Q. If Courts enter into executive domain or in matters of policy, which principle or standard will it be violating?

Principles:I. The Constitution of India has divided the power to make laws between the Central and State Legislatures by mentioning the subjects for legislation under the Union (under Central Government), State (under State Government) and Concurrent List (under both Central and State Governments) under the Seventh Schedule.II. When the Central or State Legislatures exceed the subjects in their respective lists, the law so made is considered ultra vires the Constitution and has no effect.III. A subsequent retrospective amendment of the Constitution widening the scope of legislation of the said legislature cannot validate such ultra vires legislation.IV. A fresh law enacted by the said Legislature post such an amendment of the Constitution is considered valid.V. A Legislature in exercise of its valid legislative power may extend to its territory a law made by another Legislature.Facts: In light of the growing economic development in the state of Gujarat, the state legislature passed a law on 26th December 2012 setting up Gujarat State Railways Corporation to ply goods trains between commercial areas within Gujarat.The law faced criticism since railways formed an entry under the Union List in the Seventh Schedule of the Constitution. The Gujarat legislature stood by the legislation owing to the 118th Constitutional Amendment of 28th December 2012 shifting only commercial railways to the Concurrent List.Q. Post the Constitutional Amendment, laws in relation to passenger railways can be made by

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Which doctrine asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala?a)Doctrine of Basic Structureb)Doctrine of Casus Omissusc)Doctrine of Constitutional Moralityd)Doctrine of Territorial NexusCorrect answer is option 'A'. Can you explain this answer?
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Which doctrine asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala?a)Doctrine of Basic Structureb)Doctrine of Casus Omissusc)Doctrine of Constitutional Moralityd)Doctrine of Territorial NexusCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Which doctrine asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala?a)Doctrine of Basic Structureb)Doctrine of Casus Omissusc)Doctrine of Constitutional Moralityd)Doctrine of Territorial NexusCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which doctrine asserts that certain characteristics of a constitution cannot be erased by its legislature and was developed in India through cases like Kesavananda Bharati v. State of Kerala?a)Doctrine of Basic Structureb)Doctrine of Casus Omissusc)Doctrine of Constitutional Moralityd)Doctrine of Territorial NexusCorrect answer is option 'A'. Can you explain this answer?.
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