Basic Structure Doctrine Pdf Constitution Political Science The document discusses the basic structure doctrine of the indian constitution. it summarizes that the doctrine ensures parliament's power to amend the constitution is not misused to alter the basic features of the constitution and lose its identity. This paper investigates the development and extent of the doctrine of basic structure, along with its influence on the constitution of india and its reflection in the legal systems of other nations.
Basic Structure Doctrine Pdf Constitution Supreme Court Of India This article aims to trace the historical development of the basic structure doctrine in india, analyze its jurisprudential underpinnings, and situate it within a broader comparative context. This paper undertakes a comparative and doctrinal study of the basic structure doctrine as developed in india and its reception in bangladesh, pakistan, malaysia, kenya, and germany. Key principles established is that the court identified several features as forming the basic structure, including the supremacy of the constitution, the rule of law, the separation of powers, and the federal structure, although the precise content of the basic structure was left undefined. The doctrine provides a limitation on the amending power of the parliament and ensures the protection of the core principles and values enshrined in the constitution. it acts as a safeguard against any arbitrary or excessive amendment that may seek to alter the basic structure of the constitution.
Doctrine Of Basic Structure 1 Pdf Constitution Political Charters Key principles established is that the court identified several features as forming the basic structure, including the supremacy of the constitution, the rule of law, the separation of powers, and the federal structure, although the precise content of the basic structure was left undefined. The doctrine provides a limitation on the amending power of the parliament and ensures the protection of the core principles and values enshrined in the constitution. it acts as a safeguard against any arbitrary or excessive amendment that may seek to alter the basic structure of the constitution. In this case the supreme court explained the concept of basic structure of the constitution, while dealing with the issue of exercise of the power by the central government under article 356 of the constitution. The attempt to immunise constitutional amendments against judicial review violated the doctrine of basic structure which had been recognised by the supreme court in the kesavananda bharati and indira gandhi election cases. The "doctrine of basic structure" is a judge made doctrine to put a limitation on the amending powers of the parliament so that the "basic structure of the basic law of the land". The “basic structure” doctrine is the judge made doctrine whereby certain features of the constitution of india are beyond the limits of the amending powers of the parliament.
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