Is Secularism Part Of Basic Structure?

What is the importance of Constitution?

A constitution is important because it ensures that those who make decisions on behalf of the public fairly represent public opinion.

It also sets out the ways in which those who exercise power may be held accountable to the people they serve..

What do you understand by doctrine of basic structure?

‘Doctrine of Basic Structure’: It was propounded by the Indian Judiciary on 24th April 1973 in Keshavananda Bharati case to put a limitation on the amending powers of the Parliament so that the ‘basic structure of the basic law of the land’ cannot be amended in exercise of its ‘constituent power’ under the Constitution …

When did secularism start in India?

With the Forty-second Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation.

What are the basic structure of Indian Constitution?

The basic structure doctrine is an Indian judicial principle, most notably propounded by Justice Hans Raj Khanna, that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament of India.

Why Indian Constitution is rigid and flexible?

Answer: Indian Constitution is both rigid and flexible, because the procedure of amendment is neither easy nor difficult. The Constitution has provided a federal structure for India. … A special majority of the Union Parliament, i.e., a majority of not less then two-thirds vote is required to amend the Constitution.

Is judicial review a basic structure?

“that the power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure”.

Which type of constitution is in India?

Constitution of IndiaDate effective26 January 1950SystemFederal Parliamentary Constitutional RepublicBranchesThree (Executive, Legislature and Judiciary)ChambersTwo (Rajya Sabha and Lok Sabha)16 more rows

Who put secularism in Indian Constitution?

Amendment of the Preamble During the Constituent Assembly debates on framing the Constitution in 1946, K.T. Shah proposed an amendment seeking to declare India as a “Secular, Federal, Socialist” nation. In his opposition to the amendment, Ambedkar stated, “My objections, stated briefly are two.

Is preamble a part of basic structure?

Preamble is a part of the constitution. … Preamble Indicates basic structure of the Constitution (SR Bommai Case) Preamble can be amended by Parliament using its amendment powers as per article 368. We note here that preamble has been amended only once so far through the 42nd Constitution Amendment Act 1976.

In which case the court declared that secularism is a basic feature of Indian Constitution?

Union of India ([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) was a landmark judgment of the Supreme Court of India, where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues.

Why do we need a Constitution?

A Constitution is necessary because of the following reasons: It is an important law of the land. It determines the relationship of the citizens with the governments. It lays down principles and guidelines which are required for people belonging to different ethnic and religious groups to live in harmony.

What is the Article 368?

Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.

What are the two types of amendments?

Amendments – A proposal of a Member of Congress to alter the text of a bill or another amendment. An amendment usually is voted on in the same manner as a bill. Pro Forma Amendment – A motion whereby a Member secures five minutes to speak on an amendment under debate in the Committee of the Whole.

What are the basic features of Secular State?

A secular state does not has any official religion. It neither encourages nor discourages the practice of any religion. All citizens are free to propagate, profess or practice their own religion. No discrimination is made among citizens on the basis of religion.

What comes under basic structure of constitution?

The basic structure (or doctrine) of the Constitution of India applies only to constitutional amendments, which states that the Parliament cannot destroy or alter the basic features of the Indian Constitution. These features includes (1) Supremacy of the constitution. (2) Republican and democratic form of govt.

What is the main features of Constitution?

Three main characteristics of a constitution are treated: (1) a constitution is a supreme law of the land, (2) a constitution is a framework for government; (3) a constitution is a legitimate way to grant and limit pow- ers of government officials. Constitutional law is dis- tinguished from statutory law.

Is right to equality a basic structure?

Right to equality is embodied in a series of articles from Article 14 to 18 of the Constitution of India. … Equality forms part of the basic structure of the Constitution of India.

What is the right to equality?

The general principle of equality and non-discrimination is a fundamental element of international human rights law. … ‘ Thus, the right to equal treatment requires that all persons be treated equally before the law, without discrimination.