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Basic Structure of the Indian Constitution
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This lesson is an elucidation of the basic structure of the Indian Constitution

Sweta Chowdhury
Xaverian and Presidencian possessing B.A. and M.A. in Political Science with a quest for liberating through knowledge. UGC NET qualified.

U
Unacademy user
mam mere specially phrasal verbs weak h issi wajah se 180 touch nhi ho pa rha mock me kya kara jaae?
Shalini Bhatt
5 months ago
Phrasal verb par mera course hai....ap wo dekho...you will get help
  1. DOCTRINE OF BASIC STRUCTURE BY SWETA CHOWDHURY


  2. KESHAVANANDA VS. STATE OF KERALA, 1973- CHALLENGED THE CONSTITUTION (24T AMENDMENT) ACT, 1971 KESHAVANANDA BHARATI CASE THIRTEEN JUDGE BENCH OF THE SUPREME COURT UPHELD THE AMENDMENT AND OVERRULED THE JUDGEMENT PASSED IN THE GOLAK NATH CASE- Fundamental Rights can be amended with the help of an Act passed under Art. 368- validity cannot be questioned on the basis of a violation of the Fundamental Rights


  3. AFFIRMATION OF AN ASPECT OF THE EARLIER GOLAK NATH CASE BY THE MAJORITY IN THE KESHAVANANDA CASE SAFEGUARD INSPITE OF VALIDATING THE AMENDMENT THE WORD AMEND' MEAN CHANGES NOT AMOUNTING TO THE MODIFICATION OF THE BASIC STRUCTURE OF THE CONSTITUTION INVALIDATION OF A PART OF THE CONSTITUTION (25TH AMENDMENT) ACT, 1971 WHICH DEPRIVED THE COURTS OF THEIR POWER OF JUDICIAL REVIEW


  4. TERM USED FOR THE FIRST TIME BY M.K.NAMBIAR- GOLAKNATH V. STATE OF PUNJAB CASE SOVEREIGNTY OF INDIA REPUBLICAN AND PARLIAMENTARY FORM OF GOVERNMENT FEDERALISM SOCIALISM SECULARISM IDEAL OF A WELFARE STATE BASIC STRUCTURE RULE OF LAW JUDICIAL REVIEW INDEPENDENCE OF THE JUDICIARY SEPARATION OF POWER BALANCE BETWEEN THE FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY


  5. MINERVA MILLS V. UNION OF INDIA 1980 5 JUDGE BENCH- MAJORITY NULLIFIED MINERVA MILLS CASE SECTIONS 4 AND 55 OF THE FORTY SECOND AMENDMENT ACT- UNLIMITED CONSTITUENT POWERS OF THE PARLIAMENT, PRECEDENCE TO THE DIRECTIVE PRINCIPLES OF STATE POLICY EVOLUTION OF THE BASIC STRUCTURE DOCTRINE- BALANCE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY, LIMITED POWER OF THE PARLIAMENT


  6. " NO EXPRESS LIMITATION,' THROUGH THE BASIC STRUCTURE DOCTRINE UPON THE POWER OF THE PARLIAMENT TO AMEND THE CONSTITUTION UNDER ART. 368(1) THE ILLOGICAL DECLARATION OF JUDICIAL REVIEW AS A BASIC FEATURE INSPITE OF IT BEING "AN ADJUNCT" OF FUNDAMENTAL RIGHTS THAT DO NOT FALL WITHIN THE BASIC STRUCTURE CRITICISM NO LIMITATIONS POINTED OUT FROM ART. 368 WHICH IS THE ONLY SOURCE OF POWER FOR AMENDING THE CONSTITUTION THE WORD REPEAL' IN THE ARTICLE DEFEATS THE LIMITATIONS IMPOSED BY THE BASIC STRUCTURE DOCTRINE NO DISTINCTION IN THE INDIAN CONSTITUTION BETWEEN AMENDMENT AND TOTAL REVISION


  7. THANK YOU