It deals with a situation where a part of the law or statue is unconstitutional or is violative of the Fundamental Rights then that part of the law or statute is declared to be void by the courts while the other part is declared to be valid. In layman's language, the...
Polity
DOCTRINE OF BASIC STRUCTURE
It is one of the fundamental judicial principles connected with the Indian Constitution. The doctrine of basic structure was first propounded in Kesavananda Bharati Case which put a limitation on the amending powers of the Parliament. The basic idea of this doctrine...
INDIA’S EMERGENCY – THE POWER STRUGGLE BETWEEN PARLIAMENT AND JUDICIARY
The years following the Kesavananda Bharati Judgement saw a lot of upheaval on the national level and there were events that changed the direction and trajectory of the country. The Kesavananda Bharati case set off a chain of events that made the 1970s the most...
SEPARATION OF POWERS
The Constitution of a country defines the inter-relationship among the three organs of government: The legislature (which makes laws) The executive (which implements laws) The judiciary (which interprets laws and administers justice) This system also regulates their...
KESHAVANANDA BHARATI CASE 1973
1. Introduction Case Title: Kesavananda Bharati v. State of Kerala (1973) Date of Judgement: April 24, 1973 Bench: Constitutional Bench of 13 Judges Significance: This judgement established the "Basic Structure Doctrine" 2. Background Context: Keshavananda Bharati,...
DOCTRINE OF TERRITORIAL NEXUS
Introduction The power to make a law having extra-territorial operation is conferred only on Parliament and not on the State Legislatures. Hence, an Act of the State Legislature, if it gives extra-territorial operation to its provisions, can successfully be challenged...