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Questions and Answers
Which of the following principles is NOT included in the Basic Structure Doctrine?
Which of the following principles is NOT included in the Basic Structure Doctrine?
What was the main challenge related to the Basic Structure Doctrine?
What was the main challenge related to the Basic Structure Doctrine?
What was the impact of the Kesavananda Bharati case on the Indian judiciary?
What was the impact of the Kesavananda Bharati case on the Indian judiciary?
Study Notes
50 Years of Kesavananda Bharati Case: Understanding the Basic Structure Doctrine
- The Kesavananda Bharati case was a petition against the Kerala Government challenging compulsory land acquisition as a violation of Fundamental Rights under the Constitution of India.
- The case was heard by a Bench of 13 judges, the largest formed in the Supreme Court.
- The case introduced the Basic Structure Doctrine, which holds that certain fundamental features of the Constitution cannot be amended or abrogated by Parliament through a constitutional amendment.
- The Basic Structure Doctrine was upheld by the SC in the 24th amendment, which gave Parliament the power to amend any or all provisions of the Constitution, with the condition that they should not alter or destroy the essential features or fundamental principles of the Constitution.
- The SC also corrected judgments of the Golaknath case, stating that Article 368 contained both the power and the procedure for amending the Constitution.
- The Basic Structure Doctrine includes principles such as sovereignty of India, individual freedoms, welfare state, supremacy of the Constitution, democratic form of government, federal character, separation of powers, judicial review, and harmony between FRs and DPSPs.
- The Doctrine serves as a check on the power of Parliament to amend the Constitution and ensures that the Constitution remains responsive to changing times while preserving its fundamental values and principles.
- The Doctrine has laid down several principles that have become the bedrock of constitutional law in India.
- Challenges related to the Doctrine include the scope of Basic Structure, judicial activism, conflict with parliamentary sovereignty, and difficulty in amending the Constitution.
- To address these challenges, there needs to be clarity in the definition of Basic Structure, consistency in application, limiting judicial activism, and public awareness and participation.
- The Doctrine has been instrumental in shaping the Indian judiciary's approach to constitutional interpretation.
- The Doctrine ensures that the federal structure of the Constitution is not undermined and preserves the unity and integrity of the nation.
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Description
Test your knowledge about one of the landmark cases in Indian constitutional history - the Kesavananda Bharati case. This quiz will help you understand the Basic Structure Doctrine, the principles it includes, and its significance in shaping the Indian judiciary's approach to constitutional interpretation. Test yourself on the challenges related to the Doctrine and the ways to address them. Take this quiz to know more about the concept that has become the bedrock of constitutional law in India.