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What is the significance of the Kesavananda Bharati case in Indian constitutional law, especially in relation to the doctrine of basic structure of the Constitution?
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution likRead more
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
See lessWhat is the significance of the Kesavananda Bharati case in Indian constitutional law, especially in relation to the doctrine of basic structure of the Constitution?
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution likRead more
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
See lessWhat is the significance of the Kesavananda Bharati case in Indian constitutional law, especially in relation to the doctrine of basic structure of the Constitution?
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution likRead more
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
See lessWhat is the significance of the Kesavananda Bharati case in Indian constitutional law, especially in relation to the doctrine of basic structure of the Constitution?
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution likRead more
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
See less