Basic Structure of Indian Constitution
Running head: THE BASIC STRUCTURE
THE BASIC STRUCTURE OF THE INDIAN CONSTITUTION
Liji George
Christ University
Abstract
There are certain core parts of the Constitution which cannot be amended, at least not with the normal procedures of amendment. There was a time in the history of India when this particular issue was hotly debated, like the period from 1970s to 1980s.
The framers of the constitution wanted the constitution to be a dynamic document rather than a rigid framework, which could be tailored according to the people of the country.
However it resulted in a raging war about the supremacy of the Parliament vis-a-vis the power of the courts to interpret and uphold the constitution. The lack of internal integrity laid more focus on the trees rather than the woods.
With more than a 100 Amendments today India has come to realize that the framers of the Constitution did not lay down some set of hard core rules to follow. Or they did not declare any superior body to rule. Instead those set of intellectual architects left the Indians with a framework which is as dynamic as the air we breathe. It can take any shape it wants but it maintains its core value.......its basic structure.
Contents Running head: THE BASIC STRUCTURE 1 THE BASIC STRUCTURE OF THE INDIAN CONSTITUTION 1 Abstract 2 Introduction 4 The discussion 5 Important milestones 6 1. The first amendments......starting 1951 6 2. 1967 The Golaknath verdict 6 3. 1971 elections: 6 4. 1973 Kesavananda Bharati verdict 7 5. 1975 the Indira Gandhi Election case 7 6. 1976 The 42nd amendment act 8 7. The Minerva Mills case 9 The aftermath 9 Reasons for amendment 9
Introduction
If a nation values anything more than freedom, it will lose its freedom;
And
The irony of it is that if it is comfort or money that it values more, it will lose that too.
William Somerset Maugham
Basic structure implies to that core part of the constitution that cannot
THE BASIC STRUCTURE OF THE INDIAN CONSTITUTION
Liji George
Christ University
Abstract
There are certain core parts of the Constitution which cannot be amended, at least not with the normal procedures of amendment. There was a time in the history of India when this particular issue was hotly debated, like the period from 1970s to 1980s.
The framers of the constitution wanted the constitution to be a dynamic document rather than a rigid framework, which could be tailored according to the people of the country.
However it resulted in a raging war about the supremacy of the Parliament vis-a-vis the power of the courts to interpret and uphold the constitution. The lack of internal integrity laid more focus on the trees rather than the woods.
With more than a 100 Amendments today India has come to realize that the framers of the Constitution did not lay down some set of hard core rules to follow. Or they did not declare any superior body to rule. Instead those set of intellectual architects left the Indians with a framework which is as dynamic as the air we breathe. It can take any shape it wants but it maintains its core value.......its basic structure.
Contents Running head: THE BASIC STRUCTURE 1 THE BASIC STRUCTURE OF THE INDIAN CONSTITUTION 1 Abstract 2 Introduction 4 The discussion 5 Important milestones 6 1. The first amendments......starting 1951 6 2. 1967 The Golaknath verdict 6 3. 1971 elections: 6 4. 1973 Kesavananda Bharati verdict 7 5. 1975 the Indira Gandhi Election case 7 6. 1976 The 42nd amendment act 8 7. The Minerva Mills case 9 The aftermath 9 Reasons for amendment 9
Introduction
If a nation values anything more than freedom, it will lose its freedom;
And
The irony of it is that if it is comfort or money that it values more, it will lose that too.
William Somerset Maugham
Basic structure implies to that core part of the constitution that cannot