Electronic copy available at : http ://ssrncom /abstract = 2661127 page 1 of 32 the doctrine of basic structure in the indian constitution: a critique. The basic structure doctrine is an indian judicial principle that the constitution of india has certain basic features that cannot be altered or destroyed through amendments by the parliament key among these basic features, are the fundamental rights granted to individuals by the constitution. Supreme court 1973 decision that the basic structure of the constitution cannot be amended. Tr andhyarujina the basic structure theory plays a useful part in our constitutional jurisprudence but was there truly a judicial formulation by the supreme court of india of the basic structure doctrine in the kesavananda bharati case an ins.
Notes on 'basic structure of the indian constitution' the constitution of india does not explain the basic structure of the constitution however, the supreme court of india, in its judgement on the. Tr andhyarujina the basic structure theory plays a useful part in our constitutional jurisprudence but was there truly a judicial formulation by the supreme court of india of the basic structure. The facet of social justice been held by the supreme court of india to be a part of the basic structure of the constitution of india. The constitution of india is the supreme law of india state of kerala case laid down the following as the basic structure of the constitution of india: the supremacy of the constitution republican and democratic form of the government. India's constitution socialism are woven into the constitutional fabric and any effort to eradicate these principles will fall afoul of the basic structure doctrine, which is used to invalidate constitutional amendments shanti bhushan.
393 south asian studies a research journal of south asian studies vol 26, no 2, july-december 2011, pp393-399 right to life as basic structure of indian constitution. Spread the love the doctrine of basic structure was first used in kesavananda bharati the doctrine has its origins in the tussle between state legislation carrying out land reformations on basis of directive principles of state policy and the fundamental right to property (article 19(1)(f) & 31. Interpreter of the constitution the theory of the basic structure doctrine of the indian constitution is to date the most far reaching decision of.
Siddharth dalabehera introduction the basic structure doctrine is the judge-made doctrine whereby certain features of the constitution of india are beyond the limit of the powers of amendment of the parliament of india. What is the basic structure of the us constitution update cancel answer wiki at its basic structure, the us constitution creates a federal republic among democratically sovereign nations-- not national compare it to india's constitution. Amendments under article 368 - doctrine of basic structure article 368 (1) of the constitution of india grants constituent power to make formal amendments and empowers parliament to amend the constitution by way of addition, variation or repeal of any provision according to the procedure laid. The basic structure of the indian constitution by venkatesh nayak the debate on the 'basic structure' of the constitution, lying somnolent in the archives of india's constitutional history during the last decade of the 20th century, has reappeared in the public realm.
Preamble: a part of the constitution or not: a that the preamble to the constitution of india is a part of constitution the preamble indicates the basic structure of the constitution 2 a proclamation under article 356(1. The idiombasic structure itself cannot be found in the constitution of india the supreme court recognised this concept for the first time in the historic kesavananda bharati case in 1973.
Doctrine of basic structure: doctrine of basic structure is the judge-made principle that certain features of the constitution of india are whether a state is within its rights to create a statute that involves a subject mentioned in union list of the constitution the basic idea behind. Basic structure of the constitution revisited but was there truly a judicial formulation by the supreme court of india of the basic structure doctrine in the kesavananda bharati case an insider's unravelling of a fascinating story. Questions regarding basic structure of constitution feature as a fixture in all general awareness papers, especially upsc exams like ssc, ias, civil services, etc these are also a staple in all the state psc conducted exams. Basic structure of indian constitution : the basic structure doctrine is not mentioned in the constitution, yet it has been. 365 basic structure of the indian constitution: doctrine of constitutionally controlled governance [from kesavananda bharati to ir coelho] virendra kumar.