WebJan 13, 2024 · The basic structure doctrine prevents the abuse of power by the executive and legislature, preventing it from becoming a majoritarian regime. Examine. (15M) Prelims Links Consider the following statements: (UPSC 2024) The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy. The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of … See more That the Constitution has "basic features" was first theorised in 1964, by Justice J.R. Mudholkar in his dissent, in the case of Sajjan Singh v. State of Rajasthan. He wrote, It is also a matter … See more The Court reaffirmed and applied the basic structure doctrine in Indira Nehru Gandhi v. Raj Narain, popularly known as Election case. The … See more The basic structure doctrine was further clarified in Minerva Mills v. Union of India. The 42nd Amendment had been enacted by the government of Indira Gandhi in response to the … See more The Supreme Court's initial position on constitutional amendments was that no part of the Constitution was unamendable and that the Parliament might, by passing a Constitution … See more Six years later in 1973, the largest ever Constitution Bench of 13 Judges, heard arguments in Kesavananda Bharati v. State of Kerala ( See more Constitutional lawyer A. G. Noorani notes that the doctrine has "now spread far and wide beyond its frontiers.", but that the eventual attribution to Dietrich Conrad is absent, who … See more Aside from India, the basic structure doctrine has been adopted in a number of jurisdictions, and rejected in some others. Bangladesh The basic structure … See more
Separation of powers Definition & Facts Britannica
WebFeb 18, 2024 · Whilst the basic structure doctrine is vital to safeguard the Federal Constitution from any abuse of power following the doctrines of separation of powers and check and balance, the... WebThe basic structure doctrine, termed as Judicial Innovation evolved by the SC is a Judicial principle that states that the core underlying features termed basic are not subjected to … charles river cro + locations
Separation of powers Definition & Facts Britannica
WebOct 4, 2024 · The "Basic Structure Doctrine" is one of the most potent tools of the Judiciary for the maintenance of checks and balances, and balance of power needed for … WebJan 9, 2024 · The "Doctrine of Basic Structure" is a judge-made doctrine to put a limitation on the amending powers of the Parliament so that the "basic structure of the … WebState Powers In the Tenth Amendment, the Constitution also recognizes the powers of the state governments. Traditionally, these included the “police powers” of health, … charles river day hab