Discover and read the best of Twitter Threads about #BasicStructureDoctrine
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#BasicStructureDoctrine
During the Nehru Government in 1951, the first Amendment was passed by the Parliament. This Amendment transformed Article 31(A) - the Right to Property, from a fundamental right to a legal provision. In addition, Article 15(4) was introduced to provide… twitter.com/i/web/status/1…
During the Nehru Government in 1951, the first Amendment was passed by the Parliament. This Amendment transformed Article 31(A) - the Right to Property, from a fundamental right to a legal provision. In addition, Article 15(4) was introduced to provide… twitter.com/i/web/status/1…
These amendments were challenged of abolition of Rt to Property as Fundamental Rights was challenged in SC.
In the early years of Independence, the Supreme Court conceded absolute power to Parliament in amending the Constitution, as was seen in the verdicts in Shankari Prasad… twitter.com/i/web/status/1…
In the early years of Independence, the Supreme Court conceded absolute power to Parliament in amending the Constitution, as was seen in the verdicts in Shankari Prasad… twitter.com/i/web/status/1…
However, in the Golaknath case (1967), the Supreme Court held that Parliament could not amend Fundamental Rights, and this power would be only with a Constituent Assembly.
•In this case, the court reversed its earlier stance that the Fundamental Rights can be amended.
•It… twitter.com/i/web/status/1…
•In this case, the court reversed its earlier stance that the Fundamental Rights can be amended.
•It… twitter.com/i/web/status/1…
Here are a few important pointers about the Basic Structure Doctrine, which will be helpful in the #UPSC Exam, especially in GS-2!
Save them to your notes 📝!
A thread 🧵:
#BasicStructureDoctrine #UPSC2023 #upscprelims
Save them to your notes 📝!
A thread 🧵:
#BasicStructureDoctrine #UPSC2023 #upscprelims
The doctrine was enunciated in Kesavananda Bharati v. State of Kerala(1973)
•The 13-judge bench concluded with a 7-6 majority that the Constitution’s ‘basic structure’ is inviolable and cannot be altered by the Parliament.
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•The 13-judge bench concluded with a 7-6 majority that the Constitution’s ‘basic structure’ is inviolable and cannot be altered by the Parliament.
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“The amending power of the parliament is wide, but LIMITED. Parliament has no power to abrogate or emasculate the basic elements or the fundamental features of the constitution.”
•It’s a safety valve against majoritarian authoritarianism
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•It’s a safety valve against majoritarian authoritarianism
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