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Basic structure : M Laxmikanth


Polity


Chap 11


Basic structure

Chronology  FR Vs DPSP:


Shankri prashad vs Union = Law in article 13 does not include amendment. Thus Ar 368 provides amendment for FR

Golaknath Vs State of Punjab =(related to  9th schedule) =reversal Ar 13 also include Ammendment à FR cant be changed.
Parliament retaliation part 1= amended Ar13 and Ar368  à now parliament is authorized to amend FR.
Keshwananda Bharti case Vs kerla = Basic structure  can’t be violated while amending FR  or any provisions of constitution.

Parliament retaliation part 2 =42nd  Ammended Ar368 à now amendment can’t be challenged in any court.

Minerva Mills Vs Union = invalidated above 42nd  amendment which excluded judicial review. Thus judicial review= Basic structure

Basic structure
1.       Supremacy of the constitution
2.       Sovereign , democratic, and republican polity
3.       Secular
4.       Separation of powers
5.       Federal
6.       Unity and intefrity
7.       Welfare state(socio-economic justice)
8.       Judicial review
9.       Freedom and dignity of individual
10.   Parliamentary system
11.   Rule of law
12.   Balance between FR and DPSP
13.   Principle of equality
14.   Free and fair election
15.   Independence of judiciary
16.   Limited power of parliament to amend
17.   Effective access to justice
18.   Principle underlying FR
19.   Power of SC= Ar 32, 141 , 142
20.   Power of high Court= Ar 226 and 227

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