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Showing posts with the label Article 368

Plea for deletion of words 'Secular' & 'Socialist' from Indian Constitution's Preamble- The Righteous or Unwelcome Initiative?

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A plea has been filed in the Supreme Court that sought the deletion and re-motion of two terms namely 'Secular' and 'Socialist' from the Preamble of our Indian Constitution. This plea has been filed by two Advocates namely Balram Singh and Karunesh Kumar Shukla and one social worker Pravesh Kumar. Before discussing the various aspects of the petition and analyzing the same, several questions have been aroused that needs attention. Whether socialist and secular are just political thoughts? Whether being secular is in contradiction with the republican nature of the Indian Constitution? Whether secular is a mark of modernity? Whether being secular refused the recognition of religious sentiments of people? Whether the socialistic and democratic state of India is antithetical to Republic Bharat? Recently, the petition filed in Supreme Court challenged the inclusion of two terms in the Indian Constitution which were inserted by way of 42nd Constitutional Amendment in 1976 ...

EVOLUTION OF THE BASIC STRUCTURE DOCTRINE OF INDIAN CONSTITUTION

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WHAT IS BASIC STRUCTURE DOCTRINE? Although the doctrine of ‘Basic Structure’ is nowhere defined but is the foundation that lays down the basic features of our Indian Constitution such as its supremacy, sovereignty, republic nature of our country India and its polity, Rule of Law, Separation of Powers, liberty, judicial review, secularism and much more. It should be noted that our Indian Constitution empowers Parliament and State Legislatures to enact law for their respective jurisdictions but the power to amend any legislation so enacted vests only with the Parliament. However, this power of Parliament to amend the law is not absolute as judiciary on other hand has power to declare any such law void or unconstitutional that is vague or contrary to welfare of public or is inconsistent with the Indian Constitution. The doctrine was brought into the system for the following reasons- ·        To preserve and protect the spirit of Indian Constitution ·  ...