Strengthens partnerships amidst global security concerns and focus on counter terrorism, cybersecurity. Highlights India's importance in the Indo-pacific region amidst.
Strengthens partnerships amidst global security concerns and focus on counter terrorism, cybersecurity. Highlights India’s importance in the Indo-pacific region amidst.
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The "basic structure" doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of KeshavaRead more
The “basic structure” doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of Keshavananda bharati vs State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the constitution as follows.
Preserving the spirit of the constitution:
The basic structure doctrine has ensured over the years that the constitution cannot be tampered with arbitrary by the legislature or the executive.
For example; in Keshavananda bharati vs State of Kerala(1973), the supreme court ruled that article 368 of the constitution did not provide the parliament the authority to change the basic structure of the constitution.
Preserving judicial independence:
The basic structure doctrine has helped preserve judicial independence in india by empowering the judiciary to strike down unconstitutional laws.
For example: the NJAC act,2014 which aimed to replace the collegium system for appointing judges was struck down by the sc in 2015.
Upholding secularism:
The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
For example: In the case of S.R Bommai vs union of India (1994), the supreme court held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the constitution remains the ultimate authority in the country,and that the principles of federalism, secularism, democracy and fundamental rights are upheld.
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