How does doctrine of basic structure evolve?

The basic structure then came up in the case of Minerva Mills Ltd. v. Union of India, wherein the Supreme Court provided clarity to the doctrine and laid down that the power of amendment under Article 368 is limited and exercise of such power cannot be absolute.

Who invented basic structure doctrine?

the Supreme Court of India
It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted.

What is basic structure of doctrine Upsc?

The basic structure doctrine, termed as Judicial Innovation evolved by the SC is a Judicial principle that states that the core underlying features termed basic are not subjected to the amending power of the legislature under article 368.

What is judicial review critically examine about the doctrine of basic structure as enunciated by the Supreme Court of India?

Critically examine about the doctrine of basic structure as enunciated by the Supreme Court of India. [BPSC-2016] Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments.

Why is the basic structure doctrine important?

This doctrine helps to protect and preserve the spirit of the constitution document. It was the Kesavananda Bharati case that brought this doctrine into the limelight. It held that the “basic structure of the Constitution could not be abrogated even by a constitutional amendment”.

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.

What is meant by basic structure of Constitution?

The basic structure (or doctrine) of the Constitution of India applies only to constitutional amendments, which states that the Parliament cannot destroy or alter the basic features of the Indian Constitution. These features includes (1) Supremacy of the constitution.

What is concept of federalism?

Overview. Federalism is a system of government in which the same territory is controlled by two levels of government. Both the national government and the smaller political subdivisions have the power to make laws and both have a certain level of autonomy from each other.

What are the basic features of Constitution?

The basic structure of the Constitution i.e. its most fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles, Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal Democracy.

What are the principles of federalism?

The Principles Underlying the Constitution Federalism aside, three key principles are the crux of the Constitution: separation of powers, checks and balances, and bicameralism.

When was the first evolution of the basic structure doctrine?

The first event came in the 1950s when the Constituent Assembly introduced the First Amendment [1] to the Constitution.

Is the doctrine of basic structure mentioned in the Constitution?

Doctrine of basic structure is nowhere expressed or mentioned in the constitution of India so why are we limiting the powers of the parliament with a reason which is even not mentioned in the constitution? J. Khanna provided that the power in Article 368 of ‘amend’ is not of nature of arbitrary but limited.

What are the salient features of basic structure doctrine?

Salient features of basic structure doctrine: Restricted amending powers: The concept of Basic Structure has not been mentioned in the Constitution, neither there was a restriction on the amending powers of Parliament. Basic structure doctrine restricted the amending powers of Indian Parliament.

What is the basic structure doctrine of India?

Way forward. The basic structure doctrine is an Indian judicial principle, which means that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament.