What does the term “Doctrine of Basic Structure” mean to you? Examine how significant it is to the Indian Constitution. (200 Words) [UPPSC 2019]
Philosophy of Indian Democracy in the Preamble 1. Core Values The Preamble of the Indian Constitution enshrines the core philosophy of Indian democracy. It declares India as a Sovereign, Socialist, Secular, Democratic Republic committed to justice, liberty, equality, and fraternity. 2. Sovereignty aRead more
Philosophy of Indian Democracy in the Preamble
1. Core Values
The Preamble of the Indian Constitution enshrines the core philosophy of Indian democracy. It declares India as a Sovereign, Socialist, Secular, Democratic Republic committed to justice, liberty, equality, and fraternity.
2. Sovereignty and Republic
Sovereignty emphasizes India’s independence in its internal and external affairs. Republic signifies an elected head of state rather than a hereditary monarchy, as seen with the President of India.
3. Socialism and Secularism
Socialist reflects the commitment to reducing economic disparities, demonstrated by initiatives like the Pradhan Mantri Awas Yojana. Secularism ensures equal treatment of all religions, evident in policies supporting religious diversity.
4. Democratic Principles
Democracy ensures representative governance and free elections, as seen in recent general elections that reflect the people’s will.
In summary, the Preamble captures the essence of Indian democracy, guiding its principles and practices.
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The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, theRead more
The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, the Supreme Court held that the parliament has the power to ammend Constitution, including fundamental rights but, the basic structure of the Constitution could not be altered even by a constitutional ammendment.
Additionally, the judgement also added that the parliament can only amend the constitution and have no power to rewrite.
Following are the key elements of the doctrine of basic structure which helps to ensure that the basic structure of the constitution remains unaltered: