Tag: Basic structure
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The Basic Structure doctrine goes global
The doctrine of basic structure is a judge-made doctrine which seeks to limit or curtail the power of the Parliament so that the basic structure of the basic law cannot be amended in the exercise of its constituent power under the Constitution of India. This blog post shall establish the comparison between India and the […]
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Basic Structure Doctrine: A Brief Analysis
This article has been written by Chirag Jindal. Chirag is currently a first-year student at The National University of Advanced Legal Studies, Kochi. Kesavananda Bharti v. State of Kerala, one of the most famous cases in the history of Indian Judiciary, lays down the very foundations of one of the most important doctrines, the […]
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Doctrine of revival within the NJAC
On 16th October 2015 the Supreme court passed a landmark judgement in which it repealed the 99th Constitutional amendment Act and held that the NJAC, which was supposed to replace the present collegium system of appointing judges, was unconstitutional. Although the court relied on a number of constitutional doctrines and various case laws to justify this verdict […]
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Evolution of the Ninth Schedule and its relevance in the present context
The ninth schedule has a very interesting origin. It was suggested by the then former Advocate-General of Tamil Nadu, V.K.T. Chari, whose knowledge of law was profound. He wrote to the then Law Secretary suggesting that a new schedule could be created which could contain all the laws relating to land reform legislation. These laws […]
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Directive Principles of State Policy V/s Fundamental Rights
One may often confuse the two terms – Directive Principles of State Policy and Fundamental Rights. However, these two are quite different and apply to different entities altogether. While the former is in relation to the Legislature, or the Parliament; the latter is in respect of individual or the common man. While the State, as […]
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Preamble to the Constitution of India
Probably all of us had noticed that familiar page in all our textbooks in school life that had something written like “We, the people of India, having solemnly resolved…”. Maybe we never bothered to go through that page seriously. However, that short paragraph-like text is the preamble to the constitution of India; the gateway to […]
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