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.