Constitutional Amendments Part3
Summary
TLDRThe session highlights the key points of Constitutional Amendments with a focus on the basic structure doctrine. It discusses significant cases such as Kesavananda Bharati, L. Chandra Kumar, and S.R. Bommai, emphasizing judicial review, democracy, secularism, federalism, and the rule of law as core aspects of the Constitution's basic structure. The doctrine ensures a balance between flexibility and rigidity in constitutional amendments, particularly under Article 368. Notable scholars and judgments are referenced to illustrate how these principles have evolved and been upheld in India's legal framework.
Takeaways
- đ Judicial review is a key aspect of the basic structure doctrine, as established in various court cases.
- âïž In Kesavananda Bharati vs. State of Kerala, the basic structure doctrine was first articulated.
- đ The case of L. Chandra Kumar settled that judicial review is a part of the basic structure of the Constitution.
- đłïž Democracy, including free and fair elections, adult franchise, and a multi-party system, is recognized as a basic feature of the Constitution.
- đïž Secularism has been identified as a basic feature in cases like S.R. Bommai vs. Union of India.
- đźđł Some judges in the S.R. Bommai case also recognized federalism as a key feature of the Constitution's basic structure.
- âïž Other features of the basic structure include the rule of law, harmony between fundamental rights and directive principles, and judicial independence.
- â The unamendability of the basic structure itself is part of the basic structure doctrine.
- đ§ The principle of reasonableness, linked with the rule of law and judicial review, may also be part of the basic structure.
- đ The Constitution of India balances flexibility and rigidity, preserved through the basic structure doctrine.
Q & A
What is the basic structure doctrine as mentioned in the script?
-The basic structure doctrine refers to the principle that certain fundamental features of the Indian Constitution cannot be amended or altered. This doctrine ensures the preservation of the core elements of the Constitution, despite any amendments made under Article 368.
What role does judicial review play in the basic structure doctrine?
-Judicial review has been recognized as a key element of the basic structure doctrine. It ensures that amendments made to the Constitution can be reviewed by the judiciary to prevent any changes that would alter its essential features.
Which case finally settled that judicial review is part of the basic structure of the Constitution?
-The case of L. Chandra Kumar settled that judicial review is an integral part of the basic structure of the Indian Constitution.
What are some of the basic features of the Constitution as recognized in the script?
-The basic features include democracy, secularism, the rule of law, balance between fundamental rights and directive principles, independence of the judiciary, and equality.
How is democracy defined as a basic feature of the Constitution?
-Democracy, as a basic feature, includes free and fair elections based on adult franchise, and a multi-party system, ensuring people's participation in governance.
How is secularism treated under the basic structure doctrine?
-Secularism has been recognized as one of the basic features of the Constitution, particularly highlighted in cases such as SR Bommai vs. Union of India.
What other feature did some judges in the SR Bommai case recognize?
-Some judges in the SR Bommai case recognized federalism as a basic feature of the Constitution.
What principle is closely linked with the rule of law in the basic structure doctrine?
-The principle of reasonableness is closely linked with the rule of law and may also be considered part of the basic structure.
What is the significance of the judiciary's role in the amendment of the Constitution?
-The judiciary plays a crucial role in reviewing amendments to ensure that the basic structure of the Constitution remains intact, even after any changes are made.
How does the basic structure doctrine balance flexibility and rigidity in the Constitution?
-The basic structure doctrine maintains a balance between flexibility and rigidity by allowing amendments under Article 368, but protecting certain core features from alteration, ensuring stability while enabling necessary adaptations.
Outlines
đ Overview of Constitutional Amendments and Basic Structure
This paragraph provides a summary of key points related to Constitutional Amendments, with a focus on the evolution and clarification of the 'Basic Structure Doctrine.' It traces the development of judicial review as a fundamental aspect, highlighting the cases such as Kesavananda Bharati and L. Chandra Kumar that cemented judicial review's role. It also emphasizes that democracy, secularism, federalism, rule of law, and the balance between fundamental rights and directive principles are recognized as core features of India's Constitution.
Mindmap
Keywords
đĄBasic Structure Doctrine
đĄJudicial Review
đĄArticle 368
đĄDemocracy
đĄSecularism
đĄFederalism
đĄRule of Law
đĄIndependence of the Judiciary
đĄFundamental Rights and Directive Principles
đĄUnamendability
Highlights
Judicial review is one of the aspects of the basic structure doctrine.
The case of L. Chandra Kumar settled that judicial review is part of the basic structure of the Constitution.
Democracy is unanimously recognized as a basic feature of the Constitution.
Free and fair elections based on an adult franchise and a multi-party system are part of the Democracy.
Secularism is recognized as a basic feature in the case of S.R. Bommai vs. Union of India.
Some judges in the S.R. Bommai case recognized federalism as a basic feature of the Constitution.
The rule of law, harmony, and balance between fundamental rights and directive principles are included in the basic structure.
Independence of the Judiciary and equality are included as basic features.
Unamendability of the basic structure itself constitutes a basic feature of the Constitution.
The principle of reasonableness is closely linked with the rule of law and judicial review.
Various aspects of the basic structure may crystallize over time through court judgments or scholarly writings.
The Judiciary has a role in determining the validity of Constitutional amendments.
Article 368 allows for the amendment of the Constitution, maintaining a balance between flexibility and rigidity.
The basic structure doctrine has helped preserve the balance between flexibility and rigidity in the Constitution.
Numerous amendments since Kesavananda Bharati's case have reflected the preservation of the basic structure.
Transcripts
hello everyone in this session we're
going to summarize some of the key
points of Constitutional Amendments
especially contents of basic structure
from kesan dardi to shampa morti
judicial review clearly emerged as one
of the aspects of the basic structure
Doctrine but in Koto hon versus sailu C
left the issue open finally in the case
of el Chandra Kumar has settled that
judicial review is part of the basic
structure of the Constitution Koto
Holland unanimously recognized democracy
as a basic feature of the Constitution
free and fair elections based on an
adult franchise multi-party system are
part of the Democracy secularism has
been recognized as one of the basic
features in Sr buai versus Union of
India and other cases
some of the judges in Sr bomai also
recognize federalism as one of the basic
features among other such features the
rule of law Harmony and balance between
fundamental rights and directive
principles Independence of the Judiciary
and equality are included unamendability
of the basic structure in itself
constitute the basic structure of the
Constitution principle of reasonableness
closely linked with the rule of law and
judicial review may also fall in line
more of those enumerated by different
judges in kandhi or Indra Neu Gandhi
versus Raj Naran or by Scholars or
publicists in their writings will
crystallize in course of time or when
the occasion arises the fact that the
Judiciary has a say in the matter of
Amendment of the Constitution is the
most notable aspects of doctrine of
basic structure can you summarize the
features of basic structure Doctrine in
the light of article 368 let us
understand that India's Constitution is
probably the most sophisticated one in
establishing a great variety of
procedures to adapt and change its
Arrangements based upon the careful
selection of different matters almost a
model of variable rigidity or even
flexible rigidity if an obaron is
tolerated here thus the basic structure
of f balance between f exibility and
rigidity given to the Constitution by
its makers has been well preserved by
the basic structure Doctrine as is
evident from the number of amendments
since kesan thear dear students I hope
you understood an overview of
Constitutional Amendments I have
referred the following books for
preparation of this content MV pile
Constitutional Amendments fifth edition
HMC y constitutional law of India fourth
edition DD Basu shorter constitution of
India 15th Edition Ming V shukas
constitution of India 13th edition thank
you
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