BASIC STRUCTURE DOCTRINE (UDAAN)
BASIC STRUCTURE DOCTRINE |
- Basic Structure encompasses basic and core values which forms bedrock of the Indian Constitution. Basic Structure cannot be amended by parliament under Art 368.
- Basic Structure Doctrine à Judicially innovated doctrine + Not defined under Constitution + Not defined by Supreme Court or any other court. Various judgments of Supreme Court form the bedrock of Basic Structure Doctrine.
EVOLUTION: |
SC Case and Amendments | Description |
Shankari Prasad Case 1951 |
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Golakh Nath Case 1967 |
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Parliament’s Reaction to Golakh Nath Case |
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Kesavananda Bharati Case 1973 |
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39th Amendment |
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Indira Gandhi Case 1975 |
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42nd Amendment |
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Minerva Mills Case 1980 |
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Waman Rao case 1981 |
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ELEMENTS OF BASIC STRUCTURE: |
Supremacy of Constitution + Sovereign, democratic & republican nature of Indian Polity + Secularism + Separation of powers + Federal character + Unity & integrity + Welfare State + Judicial review + Freedom & dignity of individual + Parliamentary system + Rule of law + Equality + Harmony & balance between FR & DPSP + Free & fair elections + Independent judiciary + Effective access to justice + Limited power of parliament to amend constitution + Powers of HC under Article 226 & 227.
99th Constitutional Amendment: Provided National Judicial Appointment Commission in place of Collegium System for appointment of judges. SC said, amendment is invalid as independence of judiciary is basic structure.
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