Talk about the development and significance of the Indian Constitution’s “Basic structural theory.” (200 Words) [UPPSC 2022]
The First Amendment Act, of 1951 was carried out to address the SCs decision that stopped the government from implementing socio-economic reforms. The amendment safeguards the government's power to do social justice ensure equal distribution of resources and carry out land reforms. Some important prRead more
The First Amendment Act, of 1951 was carried out to address the SCs decision that stopped the government from implementing socio-economic reforms. The amendment safeguards the government’s power to do social justice ensure equal distribution of resources and carry out land reforms. Some important provisions of this act are as follows:
1. Restriction on Freedom of speech and expression
The act imposed restrictions on how the fundamental right of freedom of speech and expression should be exercised. The said restrictions preserve the morals, sovereignty, and integrity of India.
2. Land reforms
Article 31A- under this protection laws related to land reforms and the acquisition of estates were introduced. The provision aimed at redistribution of and to ensure social justice.
Article 31B- this article protects certain laws by placing them in the 9th schedule from being challenged in the SC on grounds of violation of fundamental rights.
3. Amendments to Fundamental rights
The act stated that and large estate acquired by the government with the purpose of redistribution to ensure equality should not be seen as unconstitutional or challenged in the SC on grounds of violation of fundamental rights of right to equality or right to property.
4. Provisions for backward classes
The act allowed the state to make provisions for the growth of educationally and socially backward classes or for the scheduled caste and scheduled tribes.
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Evolution and Impact of the Basic Structure Doctrine Evolution: Introduction: The Basic Structure Doctrine was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Court, led by Chief Justice S.M. Sikri, ruled that while Parliament hasRead more
Evolution and Impact of the Basic Structure Doctrine
Evolution:
Impact:
In essence, the Basic Structure Doctrine has played a pivotal role in maintaining the core values of the Indian Constitution while allowing for necessary reforms and amendments within its framework.
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