The Indian constitution can be amended through Article 368. However, amendments cannot alter the basic structure of the constitution. [1] The Supreme Court has not clearly defined the basic structure, but certain features like democracy, secularism, federal character have emerged as part of it through judicial decisions. [2] Fundamental Rights are considered part of the basic structure and hence not amenable to amendments. However, Directive Principles of State Policy are amenable to amendments. [3]
The Indian constitution can be amended through Article 368. However, amendments cannot alter the basic structure of the constitution. [1] The Supreme Court has not clearly defined the basic structure, but certain features like democracy, secularism, federal character have emerged as part of it through judicial decisions. [2] Fundamental Rights are considered part of the basic structure and hence not amenable to amendments. However, Directive Principles of State Policy are amenable to amendments. [3]
The Indian constitution can be amended through Article 368. However, amendments cannot alter the basic structure of the constitution. [1] The Supreme Court has not clearly defined the basic structure, but certain features like democracy, secularism, federal character have emerged as part of it through judicial decisions. [2] Fundamental Rights are considered part of the basic structure and hence not amenable to amendments. However, Directive Principles of State Policy are amenable to amendments. [3]
The Indian constitution can be amended through Article 368. However, amendments cannot alter the basic structure of the constitution. [1] The Supreme Court has not clearly defined the basic structure, but certain features like democracy, secularism, federal character have emerged as part of it through judicial decisions. [2] Fundamental Rights are considered part of the basic structure and hence not amenable to amendments. However, Directive Principles of State Policy are amenable to amendments. [3]
B ASIC STRUCNRE butno affecting the "BASIC STRUCTURE"
/SC has notdefined/clarified of the constitution. - butwith case/case basis few
CONSTITUTION -
meof of Const.) OF is have emerged as
cast. Isov, Demo, Republic nature
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mentia n samino FR/DPSP FR amenability FR Amenable -> 1st Act(1951) => This law c. A. effectively curtailed "MCHT TO PROPETY. st c.A. Actwas sch., BA, BIB) Thus challenged in COURT nextcase "stay in case (1951). challenged ->
Amendable time S under verdictwas favourable to Govt. of India that at Art 368 4tc.A. Act (19554112RC. A. Act (1964) Function of the constitution:
n a unsameene [Art 368.) Art 13.
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const "Basic structure" doctrine -> FR can be amended. C.A. Act -
24 Apr. 1973 verdict= 1971 goes out. so 31C comes 14 ->
42ndC.A. Actwas passed by -> Govt. out.
(39(b)/3alawthee 31 comes 14 goes ① "Basic structure" doctrine (v) response -
in to KB case verdict.
tap ERVA RILLS Case & Judicial Review be
can't taken abrogatethe (1980) TryimplementingPPSP. Basic statue away? -
⑬ Power under Art 368 a limited
BED Isofoundeden is
power. -
FR enjoys supremacy over DPSP
Asco. ·1 Recall all Chotesm Reforms certain laws were challenged to be HeadFair state to JUDICIAL Related REVIEW Cass vicrative of constr psor? & to ensure thatthisdoesult ene This is impt concept the point that laws were for
schedule to save them
insected regularly in 5th ralpenist cost.Amendment was a enacted and thisadded a new
from being challenged on also unconstitutionality
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She 3 abridgeaneatanatitviolatesthe*
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pants"as well Apply "eate inthe email (Act14/19/21) 3) 31 at SET 5t -> Trio of FR
a)a BEA already sestate at itsch law at validity all
38 principles 30 challenge at 41sit 445 / (unless ixtsch.2n14/19735 aTh
3law are not validated) )RIGHT Test = (DirectIMPACT & EFFECT) x2) ESSENCE OFRIGHTS TeSAWSEARCH AGAIN form of law/amenomentis notrelevant form of the law/amenementis -
matter -> -> - >
Abolition of Zamindari such law.
but consequence (Impact) of the relevant/determinative factor. ->
