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Basic Structure Doctrine - Constitution of India Video Lecture | Legal Reasoning for CLAT
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| 1. What is the basic structure doctrine in the Constitution of India? |  |
The basic structure doctrine in the Constitution of India refers to the principle that certain fundamental features of the Constitution cannot be altered or destroyed by any amendments made by the Parliament. These features include the supremacy of the Constitution, the rule of law, the separation of powers, the federal structure, judicial independence, and the fundamental rights of citizens. The basic structure doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
| 2. How does the basic structure doctrine protect the Constitution of India? | |
The basic structure doctrine acts as a safeguard to protect the Constitution of India from arbitrary changes or amendments that may undermine its core principles and values. It ensures that the Parliament does not have unlimited power to alter the Constitution and preserves the essential features that make the Constitution democratic, just, and in line with the vision of the framers. The Supreme Court has the authority to strike down any constitutional amendment that violates the basic structure doctrine.
| 3. Can the Parliament amend any provision of the Constitution of India under the basic structure doctrine? | |
Under the basic structure doctrine, the Parliament cannot amend any provision of the Constitution if it violates the basic structure of the Constitution. The Supreme Court has the power of judicial review and can declare any constitutional amendment as unconstitutional if it infringes upon the basic structure. However, the Parliament can amend provisions of the Constitution that do not affect the basic structure and are within the scope of its amending powers.
| 4. What are some examples of amendments that have been held unconstitutional under the basic structure doctrine? | |
There have been several amendments that have been held unconstitutional under the basic structure doctrine. One prominent example is the 39th Amendment Act, 1975, which sought to curtail the power of judicial review by excluding certain election disputes from the purview of the judiciary. Another example is the 42nd Amendment Act, 1976, which attempted to dilute fundamental rights and concentrate power in the hands of the executive. These amendments were struck down by the Supreme Court as they violated the basic structure of the Constitution.
| 5. Is the basic structure doctrine applicable to state legislatures in India? | |
Yes, the basic structure doctrine is also applicable to state legislatures in India. Just like the Parliament, state legislatures cannot amend any provision of the Constitution if it violates the basic structure. The Supreme Court has the authority to strike down any state legislation that infringes upon the basic structure of the Constitution. This ensures that the principles and values enshrined in the Constitution are protected at both the national and state levels.
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Nov 22, 2024 Last updated |
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