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Thursday, 18 April 2013. The History: Basic Structure Doctrine. In 1967, in Golak Nath vs. The State of Punjab. A bench of eleven judges (such a large bench constituted for the first time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. This question had previously been considered in Shankari Prasad v. Union of India. And Sajjan Singh v. State of Rajasthan. Nani Palkhivala, assis...

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apexcourt | apexcourt.org Reviews

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Thursday, 18 April 2013. The History: Basic Structure Doctrine. In 1967, in Golak Nath vs. The State of Punjab. A bench of eleven judges (such a large bench constituted for the first time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. This question had previously been considered in Shankari Prasad v. Union of India. And Sajjan Singh v. State of Rajasthan. Nani Palkhivala, assis...

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apexcourt | apexcourt.org Reviews

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Thursday, 18 April 2013. The History: Basic Structure Doctrine. In 1967, in Golak Nath vs. The State of Punjab. A bench of eleven judges (such a large bench constituted for the first time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. This question had previously been considered in Shankari Prasad v. Union of India. And Sajjan Singh v. State of Rajasthan. Nani Palkhivala, assis...

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apexcourt.org

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apexcourt: Referance Kesavanand Bharti Case

http://www.apexcourt.org/2013/04/referance-kesavanand-bharti-case.html

Thursday, 18 April 2013. Referance Kesavanand Bharti Case. In Kesavananda there were differing opinions even among the majority for what the "basic structure" of the constitution comprised. Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:. The sovereignty of India. The democratic character of the polity. The unity of the country. Essential features of individual freedoms. The mandate to build a welfare state. Justice Jaganmoh...A sovereign democ...

2

apexcourt: April 2013

http://www.apexcourt.org/2013_04_01_archive.html

Thursday, 18 April 2013. The Initial stage of judicial activism I.C. Golak Nath and Ors. vs. State of Punjab and Anr. In the famous case of Golaknath V. State Of Punjab, in the year 1967 the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution. 8222;« Issues Involved In This Case:. 1) Whether Amendment is a “law” under the meaning of Article 13(2)? 2) Whether Fundamental Rights can be amended or not? 8222;« Justification Of The Case. But in any event, we should ...

3

apexcourt: The Basic Structure Doctrine

http://www.apexcourt.org/2013/04/the-basic-structure-doctrine.html

Thursday, 18 April 2013. The Basic Structure Doctrine. The "basic features" principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan (case citation: 1965 AIR 845, 1965 SCR (1) 933). The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must conform to the entirety of the constitution; not just to its "basic structure". Subscribe to: Post Comments (Atom).

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apexcourt: The History: Basic Structure Doctrine

http://www.apexcourt.org/2013/04/the-history-basic-structure-doctrine.html

Thursday, 18 April 2013. The History: Basic Structure Doctrine. In 1967, in Golak Nath vs. The State of Punjab. A bench of eleven judges (such a large bench constituted for the first time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. This question had previously been considered in Shankari Prasad v. Union of India. And Sajjan Singh v. State of Rajasthan. Nani Palkhivala, assis...

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Thursday, 18 April 2013. The History: Basic Structure Doctrine. In 1967, in Golak Nath vs. The State of Punjab. A bench of eleven judges (such a large bench constituted for the first time) of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be revoked or limited by amendment of the constitution. This question had previously been considered in Shankari Prasad v. Union of India. And Sajjan Singh v. State of Rajasthan. Nani Palkhivala, assis...

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