Today we will have a thread on the Basic structure doctrine .
The word "Basic Structure" is not mentioned in the constitution of India. The concept developed gradually as the courts intervened to prevent the Elected Governments with an absolute majority from trampling on the fundamental rights guaranteed to the citizens by the constitution
The doctrine was the culmination of a series of judgements already written about in the thread linked above .
While upholding the governments power under the 24th amendment to amend any or all provisions of the Constitution as provided under article 368
the court also declared that the Parliament's constituent power was subject to inherent limitations which prevented it from altering the basic structure of the Constitution
Seven Judges laid out separately, the basic features of the Constitution. As there was no unanimity of opinion .
Only six judges on the bench (therefore a minority view) agreed that the fundamental rights belonged to the basic structure and Parliament could not amend it.
As a result of the above All laws passed after the date of the Kesavananda Bharati judgement
including those placed in the Ninth Schedule
were open to review in the courts.
The laws can be challenged on the ground that they are beyond Parliament's constituent power or that they have damaged the basic structure of the Constitution
Incidentally the 99th amendment relating to the establishment of the NJAC which was passed in a bipartisan manner by both houses and ratified in 16 states struck down on the grounds that it damaged the basic structure of the constitution .
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More from @CodeNameProteus

7 Apr
Today we will have a thread on Origins of Blasphemy laws in India which means we will read about 295A
After Muslims circulated a pamphlet called "Sita Ki Rasoi" depicting the Hindu goddess Sita as a prostitute
the AryaSamajis printed a book titled Rangeel Rasool .
After Muslims complaint, Rajpal was arrested but acquitted in April 1929 after a five-year trial because the existing law Section 153(A) did not cover insult to religion .
What it did cover was writing which caused enmity or hatred between different religious communities.
Read 8 tweets
6 Apr
Today we will have a thread on the Periyar ganesh Idol breaking case
On May 27, 1953, EV Ramaswami Naicker smashed an idol of Lord Ganesha in public at the Town Hall maidan in Tiruchirappalli .
he had made a speech announcing his intention to do this before breaking the idol.
Veerabadran Chettiar, filed a case against Naicker under two laws.
Section 295: Section 295-A: ImageImage
Read 13 tweets
5 Apr
Today we will have a thread on the Sujato Bhadra case
The Sujato Bhadra vs State Of West Bengal was related to the ban on Taslima Nasreen's novel
Dwikhandita which was was the third volume of
Amar Meyebela written by the author;
The book was first banned in Bangladesh and then it was banned in WestBengal in 2003
by the Left Front Government fearing that book could incite communal discord .
The Courts lifted the Ban in 2005 via the judgement mentioned above .
Read 8 tweets
4 Apr
Time seems to be appropriate to do a thread on Blasphemy laws so let's start with the Calcutta Quran petition as it is the most famous example of the laws being used by Hindus even though there are other cases also .
Sujato Bhadra vs. State of West Bengal from 2005 and S Veerabadran Chettiar vs EV Ramaswami Naicker and Ors from 1958 are among the others .
Relevant Sections include Section 95 which allows governments to search and forfeit anything which is liable to hurt sentiments of the people .
Read 18 tweets
2 Apr
Today's thread is about the Collegium system .
India’s Constitution originally stipulated that the judges of the Supreme Court and high courts would be appointed by the President based on a process of “consultation” with senior judges.
In the 1970s, there was a perception that the independence of the judiciary was under threat.
As a result the present collegium system emerged based on three key rulings.
Read 13 tweets
1 Apr
Today we will read a short thread on Article 14 which is concerned with the Right to Equality and is one of the fundamental rights included in Part III of the Indian constitution .
This is article 14 .
Equality before Law states that in a country all should be treated equally and the state should not discriminate against any religion ,race ,caste or sex .
Read 9 tweets

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