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Kesavananda Bharati Case (1973): The "Basic Structure Doctrine"

Kesavananda Bharati Case (1973): The "Basic Structure Doctrine" Significance The Kesavananda Bharati case (1973) is a landmark Supreme Court judgment that defined the limits of Parliament's power to amend the Indian Constitution. It introduced the  "Basic Structure Doctrine" , ensuring that the core principles of the Constitution remain inviolable. Background Golaknath Case (1967) : The Supreme Court ruled that Parliament  cannot amend Fundamental Rights . 24th Amendment (1971) : Parliament asserted its power to amend  any part  of the Constitution, including Fundamental Rights. Kesavananda Bharati , a Kerala spiritual leader, challenged land reform laws affecting his math's property under  Article 26  (right to manage religious property). The case expanded into a broader debate on constitutional amendments. Key Issues Can Parliament amend  Fundamental Rights ?...

Federal System with Unitary Bias

Federal System with Unitary Bias: Simple Notes Federal System in India: The Indian Constitution sets up a federal system of government.   Features of a Federation (Present in India): A federation usually has these characteristics, and India has them too: Two Governments: A central government and state governments .   Division of Powers: Powers are divided between the center and states (like in lists in the Constitution).   Written Constitution: A document outlining the rules of government (the Indian Constitution itself).   Supremacy of Constitution: The Constitution is the highest law of the land.   Rigidity of Constitution: A process for amendment that is not too easy (as discussed before). Independent Judiciary: Courts are free from influence of the government.   Bicameralism: Legislature (Parliament) has two houses (Lok Sabha and Rajya Sabha).   Unitary Features (Bias Towards the Center): Despite being...

Blend of Rigidity and Flexibility

Blend of Rigidity and Flexibility: Simple Notes Rigid vs. Flexible Constitutions: Constitutions can be of two types based on how easy they are to change (amend): Rigid Constitution: Hard to Amend: Requires a special, difficult procedure to change it. Example: American Constitution . It's quite hard to amend the US Constitution. Flexible Constitution: Easy to Amend: Can be changed in the same way as ordinary laws are made. Example: British Constitution . The UK constitution (which is mostly unwritten) is relatively easy to change. Indian Constitution - Blend of Both: The Indian Constitution is neither fully rigid nor fully flexible . It's a mix of both. Article 368 - Amendment Procedures: Article 368 of the Indian Constitution describes two main ways to amend it: (a) Amendment by Special Majority of Parliament:   For Some Provisions: Some parts of the Constitution can be changed by a " special majority " in the Indian Parliament (which has two houses - Lok...

Drawn From Various Sources

Drawn From Various Sources: Simple Notes Borrowed Constitution: The Indian Constitution has taken ("borrowed") many of its ideas and rules from the constitutions of other countries and also from the Government of India Act of 1935 (a law from British rule).   "Ransacked all known Constitutions": Dr. B.R. Ambedkar said proudly that they looked through ("ransacked") all the constitutions they knew about in the world to make the Indian Constitution. Main Sources and What They Contributed: Government of India Act, 1935 (Most Important Source): Structural Part: A large part of the structure or basic framework of the Indian Constitution comes from this Act.   Specifics: Federal Scheme: How power is divided between the central and state governments. Judiciary: The court system. Governors: The role of state governors. Emergency Powers: Special powers for the government in emergencies.   Public Service Commissions: Bodies for recruiting government offici...