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Showing posts with the label Separation of Powers

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 ·  ...