Quick Answer: What Is Theory Of Basic Structure?

What do you mean by 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..

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.

Which of the following is not a basic structure of the Indian Constitution?

Supremacy of the Constitution. Sovereign, Democratic and Republican nature of Indian Polity. Secular character of the constitution. Separation of Powers between the Legislative, the Executive and the Judiciary.

Is preamble basic structure?

The objectives in the Preamble are just a part of basic structure of the Constitution and nothing more than that. So, Preamble cannot be amended so as to destroy the objectives, but also cannot be used as a law to judge people on.

Who said preamble is the key of Constitution?

Thakurdas BhargavaThakurdas Bhargava stated the wise words- ” Preamble is the key of Constitution”. He referred the Preamble as the soul of the Constitution as it proclaim the solemn resolution of Indian people to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC republic.

What is 7th Constitution of India?

Seventh Schedule Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List).

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”.

What are the basic features of Indian constitution?

Features of the Indian ConstitutionThe bulkiest constitution of the world.Rigidity and flexibility. … Parliamentary system of government. … Federal system with a unitary bias. … Fundamental rights and fundamental duties. … Directive principles of state policy. … Secularism. … Independent judiciary.More items…•

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

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…

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.

What is the importance of Constitution?

Why is a constitution important? 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.

Is preamble a basic structure of Indian Constitution?

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 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 …

Who wrote Constitution of India?

Prem Behari Narain Raizada6. It Was Handwritten by Prem Behari Narain Raizada. The original Constitution of India was handwritten by Prem Behari Narain Raizada in a flowing italic style with beautiful calligraphy. The Constitution was published in Dehradun and photolithographed by the Survey of India.