Constitutional Amendments Part3

Summary

The 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

• 📜 Judicial review is a key aspect of the basic structure doctrine, as established in various court cases.
• ⚖️ In Kesavananda Bharati vs. State of Kerala, the basic structure doctrine was first articulated.
• 🔎 The case of L. Chandra Kumar settled that judicial review is a part of the basic structure of the Constitution.
• 🗳️ Democracy, including free and fair elections, adult franchise, and a multi-party system, is recognized as a basic feature of the Constitution.
• 🕊️ Secularism has been identified as a basic feature in cases like S.R. Bommai vs. Union of India.
• 🇮🇳 Some judges in the S.R. Bommai case also recognized federalism as a key feature of the Constitution's basic structure.
• ⚖️ Other features of the basic structure include the rule of law, harmony between fundamental rights and directive principles, and judicial independence.
• ✋ The unamendability of the basic structure itself is part of the basic structure doctrine.
• 🧐 The principle of reasonableness, linked with the rule of law and judicial review, may also be part of the basic structure.
• 📚 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

00:00

📜 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.

Keywords

💡Basic Structure Doctrine

The Basic Structure Doctrine is a judicial principle in Indian constitutional law that limits the Parliament's power to amend the Constitution. It asserts that certain fundamental features of the Constitution cannot be altered, even by a constitutional amendment under Article 368. In the script, it is discussed as a safeguard for the balance between flexibility and rigidity in India’s constitutional framework.

💡Judicial Review

Judicial Review refers to the power of the judiciary to examine the constitutionality of legislative and executive actions. In the video, it is recognized as an essential part of the Basic Structure of the Constitution, as settled in the case of L. Chandra Kumar. The script emphasizes its role in protecting democratic principles and maintaining the rule of law.

💡Article 368

Article 368 of the Indian Constitution grants the Parliament the authority to amend the Constitution. However, the Basic Structure Doctrine places limits on this power. The script discusses how amendments to the Constitution must preserve essential principles such as democracy, secularism, and federalism, which cannot be overridden even by the procedure under Article 368.

💡Democracy

Democracy is a core element of India's constitutional framework and one of the essential features of the Basic Structure Doctrine. The script mentions that free and fair elections based on an adult franchise and a multi-party system are recognized as integral to India's democratic structure. This feature is emphasized as unamendable, according to the Koto Holon case.

💡Secularism

Secularism refers to the principle of separating religion from the state, ensuring equal treatment of all religions. In the script, secularism is recognized as a basic feature of the Constitution, notably mentioned in the SR Bomai case. It underscores that India is a secular state where religion cannot dictate governmental policies or laws.

💡Federalism

Federalism is the division of power between central and state governments. The script highlights that some judges in the SR Bomai case recognized federalism as a basic feature of the Constitution. This principle ensures that states retain some degree of autonomy, and its inclusion in the Basic Structure Doctrine protects against over-centralization of power.

💡Rule of Law

The Rule of Law is a foundational principle in which all individuals and government bodies are subject to the law. The script notes that the rule of law is part of the Basic Structure of the Constitution, ensuring fairness and legal accountability. This principle is intertwined with other elements like judicial review and fundamental rights.

💡Independence of the Judiciary

Independence of the Judiciary ensures that the judicial branch remains free from external pressures, particularly from the executive and legislative branches. The script asserts that this independence is a basic feature of the Constitution, protecting the judiciary’s ability to safeguard fundamental rights and perform judicial review without bias.

💡Fundamental Rights and Directive Principles

Fundamental Rights are guaranteed personal freedoms, while Directive Principles guide state policy. The script references the balance between these two as a feature of the Basic Structure, ensuring that individual rights are protected while the government aims to fulfill broader social and economic goals. This harmony is seen as a constitutional safeguard.

💡Unamendability

Unamendability refers to the idea that certain aspects of the Constitution cannot be changed, even through constitutional amendments. The script mentions this in the context of the Basic Structure Doctrine, indicating that the core principles, such as democracy and secularism, are protected from alteration. This ensures the Constitution’s core integrity remains intact.

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