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Recent Criminal Laws in India
In order to shed its colonial baggage and bring reform in penal laws to accommodate modern challenges, India has recently introduced 3 new criminal laws with effect from 1 July, 2024. The new laws- Substantive- Bhartiya Nyaya Sanhita (BNS), replacing Indian Penal Code, 1860, Procedural- Bharatiya NaRead more
In order to shed its colonial baggage and bring reform in penal laws to accommodate modern challenges, India has recently introduced 3 new criminal laws with effect from 1 July, 2024.
The new laws-
Potential Benefits of the laws
Challenges
With the changing nature of criminal activities and increasing cyber crimes, there is a need to overhaul the justice system to address new and emerging problems while plugging the existing loopholes to reflect contemporary India.
See lessDiscuss the role and significance of the Basic Structure Doctrine in maintaining the supremacy of the Indian Constitution. How has this doctrine been upheld by the judiciary?
The basic structure doctrine, propounded by MK Nambiar (1967), was laid down by the Supreme Court (SC) in the Kesava Nanda Bharati case in 1973. It ruled that the Parliament’s power to amend the Constitution under Article 368 does not include the power to alter the “basic structure”. Limiting ParliaRead more
The basic structure doctrine, propounded by MK Nambiar (1967), was laid down by the Supreme Court (SC) in the Kesava Nanda Bharati case in 1973. It ruled that the Parliament’s power to amend the Constitution under Article 368 does not include the power to alter the “basic structure”.
Limiting Parliament’s amending powers
1. Kesava Nanda Bharati case, 1973– SC upheld constitutional supremacy over Parliament sovereignty and safeguarded fundamental features of the Constitution from amendments.
2. Minerva Mills case, 1980– SC upheld judicial review, putting a check on the unbridled amending powers of the Parliament. Henceforth devising basic structure as a “living doctrine”, the features of which were decided as society progresses.
3. SR Bommai case, 1994– Through successive judgements, SC preserved the idea of India as envisioned by the makers of the Constitution by including Equality, Secularism, Democracy in the basic structure.
Significance of Basic Structure Doctrine
1. Upholds Constitutional Supremacy– Prevents the legislature from overstepping its mandate. Eg- Central Coal Field Case
2. Checks arbitrariness – Preserves the essence of Article 14 and Doctrine of Manifest Arbitrariness. Eg- Kihoto Holohan case.
3. Balance Fundamental Rights & DPSP– By emphasising on state action to ensure rights. Eg- Minerva Mills case (1980).
Basic structure doctrine has played a pivotal role in safeguarding the supremacy of the constitution. It prevents the Parliament from becoming masters of the constitution.
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