Basic Structure Doctrine Analysis

This Edraw mind map template delves into the Basic Structure Doctrine of India, initiated by the Kesavananda Bharati judgment in 1973. It outlines the case against the Kerala Government and its implications for Fundamental Rights and constitutional amendments. The doctrine asserts that certain Fundamental Rights cannot be abrogated, ensuring checks on the power of Parliament and the preservation of the constitution's essential features. This template is ideal for law students, legal professionals, or anyone interested in Indian constitutional law, providing a structured overview of one of the most significant legal doctrines in India.

Edited at 2024-02-25 08:34:04

Diwaker saini

Basic Structure Doctrine Analysis

Diwaker saini

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polity APRIL

BASIC STRUCTURE DOCTRINE

Kesavananda Bharati judgement, 1973The case dealt with a petition against the Kerala Government challenging the compulsory acquisition of his land by the government under the Kerala Land Reforms Act 1963, as a violation of Fundamental Rights (FRs), as enshrined in - Articles 25, 26 and 31 of the Constitution of India. Outcomes: o IntroductionofBasicStructureDoctrine. o Corrected judgments of the Golaknath case: o Other judgments: SC upheld the 25th and 29th Amendments except for the parts that curtailed its power of judicial review and also asserted that the Preamble is a part of the Constitution and hence amendable.

basic structure doctrine holds that certain fundamental features of the Constitution, cannot be amended or abrogated by the Parliament through a constitutional amendment.

no mention of the term “Basic Structure” anywhere in the Constitution of India.

Serves as a check on the power of the Parliament to amend the Constitution. • Ensures that the Constitution remains a living document that is responsive to changing times while preserving its fundamental values and principles. • Laid down several principles that have become the bedrock of constitutional law in India such as rule of law, separation of powers, and the independence of the judiciary. • Ensures that the federal structure of the Constitution is not undermined • Instrumental in shaping the Indian judiciary's approach to constitutional interpretation

Some Principles that are presently part of the ‘Basic Structure’ • Sovereignty of India • Essential features of the individual freedoms secured to the Citizens • Mandate to build a welfare State • Supremacy of the Constitution • Republican and democratic form of government • Secular and federal character of the Constitution • Separation of powers between the legislature, executive and the judiciary • Unity and integrity of the nation • Power of judicial review • Harmony and balance between FRs and DPSPs

DEMOCRATIC DECENTRALISATION IN INDIA

Democratic decentralization in India refers to the devolution of power, resources and decision-making authority from the central government to local governments, such as panchayats and municipalities. • The 73rd and 74th Constitutional Amendment Acts of 1992 that came into force in 1993 are landmark pieces of legislation that introduced democratic decentralization in India.

• Empowerment of women and marginalized communities: • Positive impacts due to increased representation of women and SC/STs:• Healthy competition among states:

Steps taken to strengthen PRIs in India

• Rashtriya Gram Swaraj Abhiyan (RGSA)

• e-GramSwaraj

• People’s Plan Campaign (PPC)- Sabki Yojana Sabka Vikas:

• Backward Regions Grants Fund (BRGF):

• National Institute of Rural Development and Panchayati Raj:

• National Panchayat Awards:

• SWAMITVA Scheme:

COOPERATIVE FEDERALISM

Cooperative federalism is the horizontal relationship between union and states and shows neither is above the other.

Indian constitution has incorporated instruments to ensure co-operation between the centre and states. • National Institution for Transforming India Aayog (NITI) Aayog acts as a platform to promote cooperative federalism in India (Collaborative policy-making, Center-state dialogue, Incentivizing states and Monitoring and Evaluation.)

Constitutional Provisions to promote cooperative federalism in India

7th schedule

All India Services under Article 312

Integrated judicial system

Inter-State Council under article 263

Full Faith and Credit Clause under article 261

Zonal council established as statutory bodies under the State

reorganization act of 1956 to ensure coordination.

Finance Commission under article 280

GST Council under article 279A

National Generic Document Registration System (NGDRS) for Land Records

(MeiTY) has amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules (IT Rules) 2021.

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