Quick Answer: What Do You Mean By Basic Structure?

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..

What is theory of basic structure?

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.

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.

Who said preamble is soul of Constitution?

Pandit Thakur Das BhargavaThe Preamble of the Indian Consitution was called the soul of the Constitution by Pandit Thakur Das Bhargava. Bhargava, who was born in 1886, was an…

What is the structure of Constitution of India?

Constitution of IndiaSystemFederal Parliamentary Constitutional RepublicBranchesThree (Executive, Legislature and Judiciary)ChambersTwo (Rajya Sabha and Lok Sabha)ExecutivePrime minister-led cabinet responsible to the lower house of the parliament16 more rows

Can Indian constitution amended?

In other words, Parliament is free to enact any number of constitutional amendment in any given year. Although Parliament must preserve the basic framework of the Constitution, there is no other limitation placed upon the amending power, meaning that there is no provision of the Constitution that cannot be amended.

What is Upsc Kesavananda Bharati?

Kesavananda Bharati v. State of KeralaCitation(s)(1973) 4 SCC 225: AIR 1973 SC 1461HoldingThere are certain principles within the framework of Indian Constitution which are inviolable and hence cannot be amended by the Parliament. These principles were commonly termed as Basic Structure.Case opinions8 more rows

What is basic structure of constitution Upsc?

The ‘basic structure’ doctrine has since been interpreted to include the supremacy of the Constitution, the rule of law, Independence of the judiciary, doctrine of separation of powers, federalism, secularism, sovereign democratic republic, the parliamentary system of government, the principle of free and fair …

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”.

Is preamble can be amended?

It has been clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered. Therefore, it is considered as the heart and soul of the Constitution.

Can fundamental right be amended?

Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution. Fundamental rights can be suspended during a national emergency, However the rights guaranteed under Articles 20 and 21 cannot be suspended.

Is Dpsp basic structure?

In this case, the Court added two features to the list of basic structure features. They were: judicial review and balance between Fundamental Rights and DPSP. The judges ruled that a limited amending power itself is a basic feature of the Constitution.

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.

What are the 3 principles of judicial review?

The three principles of judicial review are as follows: The Constitution is the supreme law of the country. The Supreme Court has the ultimate authority in ruling on constitutional matters. The judiciary must rule against any law that conflicts with the Constitution.

Which fundamental rights are part of basic structure?

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 an example of judicial review?

Examples of Judicial Review in Practice Roe v. Wade (1973): The Supreme Court ruled that state laws prohibiting abortion were unconstitutional. The Court held that a woman’s right to an abortion fell within the right to privacy as protected by the Fourteenth Amendment. The Court’s ruling affected the laws of 46 states.

Can Article 368 itself be amended?

Indian Constitution is neither rigid nor flexible because, under Article 368, the Constitution can be amended by a simple majority or by the special majority and by the majority of not less than 2/3 members of each house.