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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?
The Kesavananda Bharati case (1973) is a landmark judgment that has profoundly impacted Indian constitutional law. It introduced the doctrine of "Basic Structure," which posits that the Constitution has an unalterable core that cannot be abrogated by Parliament. In this case, the Supreme CourRead more
The Kesavananda Bharati case (1973) is a landmark judgment that has profoundly impacted Indian constitutional law. It introduced the doctrine of “Basic Structure,” which posits that the Constitution has an unalterable core that cannot be abrogated by Parliament.
In this case, the Supreme Court held that while Parliament has the power to amend the Constitution, it cannot destroy its basic structure, which encompasses fundamental rights, democratic principles, and the rule of law. This doctrine has since served as a bulwark against arbitrary amendments, ensuring that the Constitution’s essential features remain sacrosanct.
This case is significant as it:
– Established the Supreme Court as the guardian of the Constitution
– Limited Parliament’s power to make drastic changes
– Ensured the protection of fundamental rights and democratic principles
– Reinforced the Constitution’s supremacy
In conclusion, the Kesavananda Bharati case has been a crucial precedent in Indian constitutional law, shaping the country’s legal framework and reinforcing the Constitution’s inviolable character.
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