What is the basic structure doctrine of Indian Constitution?
The doctrine of basic structure is nothing but a judicial innovation to ensure that the power of amendment is not misused by Parliament. The idea is that the basic features of the Constitution of India should not be altered to an extent that the identity of the Constitution is lost in the process.
What is the basic structure principle?
In simple terms, the basic structure doctrine states that there must be a difference between amending a constitution and replacing the constititution. An amendment to a constitution can only make minor alterations to the constitution without departing from the fundamental structure of the constitution.
Who gave basic structure doctrine?
The Supreme Court recognized BASIC STRUCTURE concept for the first time in the historic Kesavananda Bharati[6] case in 1973. Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by parliament.
What is the basic structure of Indian Constitution Upsc?
Sovereignty, liberty and republic nature of Indian polity. Judicial review o Harmony and Balance between fundamental rights and directive principles. Separation of power.
Can preamble be amended?
According to Jha, the Preamble, being a part of the basic structure of the Constitution, cannot be amended.
Is federalism a part of basic structure?
Federalism is part of the basic structure of the Indian constitution which cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court.
Who is known as the Father of the Indian Constitution?
BR Ambedkar
Ambedkar Jayanti 2021: Interesting facts you need to know about BR Ambedkar, ‘Father of Indian Constitution’
Is Socialism part of basic structure?
Socialism is a basic feature of the Constitution. The expressions ‘socialist’ and ‘secular’ were added to the Preamble of the Constitution of India by Section 2 (a) of the Constitution (42nd Amendment) Act, 1976.
What is Mahila court?
The ‘women’s court’ (mahila adalat or mahila mandal) is a fairly recent but increasingly prevalent phenomenon in contemporary India. It encourages women to resolve domestic disputes informally, rather than by resort to the state’s judicatory institutions.
What is Pil BYJU’s?
Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”. It is the power given to the public by courts through judicial activism.
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. But what should be considered as the basic features of the Indian Constitution is not explicitly defined by the Judiciary.
What is the basic structure doctrine?
The basic structure doctrine is one of the fundamental judicial principles connected with the Indian Constitution. The doctrine of the basic structure holds that there is a basic structure to the Indian Constitution, and the Parliament of India cannot amend the basic features.
Is judicial review part of basic structure doctrine in India?
Union of India again stated that the power of judicial review under Article 32 of the Supreme Court and Article 226 of the High Court is part of the basic structure doctrine and these powers cannot be diluted by transferring them to administrative tribunals. Also read: Indian Judicial Doctrines – Principles of Constitutional Law Explained
Which word is not mentioned in the Constitution of India?
The word “Basic Structure” is not mentioned in the constitution of India. The concept developed gradually with the interference of the judiciary from time to time to protect the basic rights of the people and the ideals and the philosophy of the constitution.