In the keshava Nanda bharti case the SC ruled that the basic structure...
< b="" />Basic Structure of the Constitution< />
The concept of the basic structure of the Constitution was first introduced by the Supreme Court of India in the landmark case of Keshavananda Bharati v. State of Kerala in 1973. The court ruled that the Parliament does not have the power to amend the Constitution in a way that destroys or abrogates its basic structure. While the exact definition of the basic structure has evolved over time through various judgements, it broadly refers to the fundamental principles and features of the Constitution that cannot be altered.
< b="" />Fundamental Rights< />
While the fundamental rights form a significant part of the basic structure of the Constitution, it is important to note that they are not the only elements that comprise the basic structure. The fundamental rights are a set of individual liberties and freedoms that are guaranteed to every citizen of India. They include the right to equality, right to freedom of speech and expression, right to life and personal liberty, and several other rights.
< b="" />Separation of Powers< />
The concept of separation of powers is another important aspect of the basic structure of the Constitution. It refers to the division of powers among the three organs of the government - the legislature, the executive, and the judiciary. This separation ensures a system of checks and balances, preventing any one organ from becoming too powerful. It safeguards the democratic principles and ensures the smooth functioning of the government.
< b="" />Federalism< />
Federalism is a key feature of the Indian Constitution. It refers to the division of powers between the central government and the state governments. This allows for a distribution of authority and responsibilities, ensuring a balance between the central and regional governments. The basic structure of federalism cannot be altered by the Parliament.
< b="" />Secularism< />
Secularism is another important aspect of the basic structure of the Constitution. It ensures that the state remains neutral towards all religions and does not favor any particular religion. The principle of secularism is enshrined in the Preamble of the Constitution and cannot be tampered with by the Parliament.
< b="" />Judicial Review< />
The power of judicial review is an integral part of the basic structure of the Constitution. It allows the judiciary to review the constitutionality of laws and executive actions. This power ensures that the government functions within the limits set by the Constitution and upholds the rule of law.
< b="" />Conclusion< />
The basic structure of the Constitution includes various elements such as fundamental rights, separation of powers, federalism, secularism, and judicial review. These principles and features are considered fundamental and cannot be amended by the Parliament. The Supreme Court's ruling in the Keshavananda Bharati case has provided a safeguard to protect the core principles of the Constitution and maintain its integrity.
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