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Neha Tiwari (student)     20 April 2010

basic structure of indian constitution

Do  you  agree  with the view that there is no such thing as the Bacis Structure Doctrine of Indian Constitution other than what the Supreme Court judges say it is , from time to time??



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 19 Replies

Bharat Bhushan (advocate)     20 April 2010

Hi Neha u are some extent right. But this theory was propounded to protect the constitution from the transgression of the legislature. This noble idea is highly explained in Kesvanand case and S R Bombai. What a logical explanation given by H'ble judges.

Even the power to interprate the constition lies on SC, so it is obvious the doctrine of basic structure can't be one time settlement.

It is such a phenomenal and articulative judical pronouncement. Hat's off

Neha Tiwari (student)     20 April 2010

Hi Bharat

well do u believe at any point of time India can face a extreme situation like one faced during emergency which was imposed by Indra Gandhi...And SC at that time if dosent come for the protection then there is no other safeguard because it is usually argued the parliament has limitless power to amend constitution...what if judges decide in favour of government as ws done in ADM Jabalpur case....The basic Structure can easily b amended the fundamentl right can easily be takenaway????

Arup (UNEMPLOYED)     20 April 2010

HELLOW  MS. NEHA, & MR BHARAT, FIRST TRY TO UNDERSTAND THAT THE BASIC JOB OF PARLIAMENT AND SUPREME COURT ARE SEPERATE.

PERLIAMENT PASSED THE CONSTITUTION ALONGWITH IT'S ALL AMMENDMENTS. KEEP IT IN IT'S PRESENT FORM AND HAVE THE RIGHT TO AMMEND OR REJECT THE PART OR WHOLE OF THE CONSTITUTION. tHUS PERLIAMENT IS THE MASTER AND THE CONSTITUION IS THE SUBJECT OF THE PARLIAMENT. IT IS SOMEHOW A 'MASTER - SERVENT' RELATIONSHIP.

THE SUPREME COURT AND ALL OTHER GOVT. INSTITUIONS WORKED AS PER/ OR ACCORDINGTO THE CONSTITUTION. THE SUPREME COURT BEARS AN ADDITIONAL DUTY OTHER THAN THE OTHER GOVT. INSTITUTIONS - IE, IT EXPLAIN THE CONSTITUTION - WHENEVER NEDDED.THE RELATIONSHIP BETWEEN CONSTITUTION AND SUPREME COURT IS SOMEHOW LIKE THE  POPE AND THE BIBLE OR GITA AND SHANKARACHAYRA.

"...what if judges decide in favour of government as ws done in ADM Jabalpur case...." MAY I KNOW IN SHORT - WHAT IS THE CASE?

1 Like

N.K.Assumi (Advocate)     21 April 2010

Nice hearing from all of you starting from Kesavananda, R.S.Bomai and I would like to add the case of State of Bihar vs Bal mukund Sah and other decided by the Supreme Court in 2000.

1 Like

Neha Tiwari (student)     21 April 2010

hi Arup,

well ADM jabalpur Vs Shivakant shukla was the case in which SC approved the govt order of detaining people during emergency...court held that Article 19 & 21 can also b limited during procalamation of emergency ....have attached a file ...just have a look..


Attached File : 10 10 very imp basic structure.pdf downloaded: 278 times
2 Like

kirtirani sole (Student)     21 April 2010

Thank U for such a thought provoking discussion......

      As the judgement of Kesvanand Bharati gave birth to this doctrine, its around 500 pages & each one listed what should be roughly constituted as Basic structure. Later on this list of essentials was enlarged by judgment after judgment & now after I.R.Cohelo & M. Nagraj even interpretation of some Articles are also constituted as Basic Structure(golden triangle Arts 14.19 & 21 ). These are actualy some limitations to which Legislature are bound to ,while amending Constitution. This is one of the tool for chek & balance system.

Our Constitution is great but runners of Constitutin are cause to paralysed it....

Blaiming on Runner is one of the habit of We The People...  

Actualy We The People are worshiper of  theConstitution... & unfortunatly most of the Indians, even literate doesn't know what exactly it is????? Then can we say that an amendment made by Parliament is an amendment made by people?????

N.K.Assumi (Advocate)     25 April 2010

Dear Kirtirani, besides the triology of those Articles, in the case of Bal Mukund Sah and another the Attorney General of India nicely pointed out the basic stracture of India in the following words. Supermacy of the Constitution, Republican and democratic form of Government, secular character of the constituion, Seperation of power, Federal character of the Constitution froms the basic foundation,ie., the dignity and freedom of the individual. This is of supreme importance. This cannot by any form of amendment destroyed.


(Guest)

The chief Justice is a public servant appointed by the President and the constitution is adopted by the President on recomendation by the Parliament bu the majority of members of parliament. It is a lacuna for not having a trial in parliament of judges who misinterprets the constitution.


(Guest)

Whatever said by Chief Justice is not ever a "BRAHMA-WAKYA"...

Whatever said by Parliament is ever a "BRAHMA-WAKYA"...  

S.Sabarinadh (Student)     13 May 2010

Basic structure of the Indian constitution is nothing but a doctrine introduced by the interpretors of the constitution in the Kesavananda Bharati when they understood that the time is changing and it will act as a check for the politicians and the legislators to stop them from launching a devastating BRAHMOS law and if launched the common man could seek the help of the judicial air force to splinter the BRAHMOS law by the F16 of judicial dome

still many BRAHMOS are hitting the common man.........................................


(Guest)

I only insist for that; "A FIXED SYSTEM OF ACCOUNTABILITY AND TRIAL OF THOSE WHO ARE AT PUBLIC WORK" including both the PUBLIC REPRESENTATIVES AND PUBLIC SERVANTS.

 

The HOUSE which is not attained by the OWNER is EVER ATTAINED BY THIEVES and in that case WHO IS THE LOOSER ??? 

 

SO KEEP CONSTENT WATCH and ever "JAAGTE RAHOOOOOO.....!!!!!!!"

 

If Citizens sleep.. the Democracy will also be slept....

 


(Guest)

Dear Mr. Goodboy.50,

 

Please let me have sometime for exercise on this.  I will sure do reply on it.

 

Right now I can say with my authority that you please come out with your own identity as there is none who can stop your freedom of speech.  It is your constitutional right and we, your brother citizens, all are here with you.  Please do not take otherwise since it is your right of privacy.

 


(Guest)

Ms. Neha Tiwari,

 

Your comment please.. Did you know, while initiating this, that your words have such FIRE ?...

 

OR, someting else you like to say ??

Arup (UNEMPLOYED)     14 May 2010

The basic structure of constitution framed in the PREAMBLE of the constitution.


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