Question

write a note on the doctrine of class strut 5 marks?​

Answer 1

Explanation:

The basic structure concept is an Indian legal doctrine, most famously advanced by Justice Hans Raj Khanna, that the Indian Constitution has some fundamental elements that cannot be changed or eliminated through changes by the Indian Parliament.

The Parliament and State Legislatures are given the authority to enact laws within their respective regions by the Indian Constitution. State legislative bodies do not have the authority to modify the Constitution; only the Parliament does. However, this legislative authority is not unlimited. Any statute that the Supreme Court considers to be unconstitutional may be declared void by the court. Any amendment that seeks to alter the fundamental framework of the Indian Constitution is invalid, according to the Basic Structure Doctrine.

The Kesavananda Bharati case 1973 was the one that made this idea popular. According to its conclusions, even a constitutional amendment could not change the "basic structure of the Indian Constitution."

This list of key structural traits has grown over time to include a great number of additional features. Among them are:

• Lex rex (Rule of law)
• Judicial review
• Republic
• Separation of power
• Federal structure of the Constitution, etc.

In no place does the Indian Constitution use the phrase "Basic Structure." It took a long time and numerous instances for the notion that the Parliament cannot enact laws that would modify the fundamental framework of the constitution to take root. The goal is to safeguard peoples' rights and liberties while preserving the distinctive features of Indian democracy. The Indian Constitution's Basic Structure concept works to safeguard and maintain the spirit of the original text.

[Your question is incomplete, but most probably your full question was- write a note on the doctrine of basic structure.]

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