Basic Structure Doctrine Is Here To Stay, It Has Been Embraced By Other Countries Too : Senior Advocate Fali S Nariman
1 year, 3 months ago

Basic Structure Doctrine Is Here To Stay, It Has Been Embraced By Other Countries Too : Senior Advocate Fali S Nariman

Live Law  

The basic structure doctrine has achieved constitutional permanence not only in India, but also in six other nations globally that have both acknowledged and embraced the principle of placing a restraint on the legislative power of constitutional amendment, renowned Indian lawyer Fali S Nariman, Senior Advocate, said on Friday. On the panel debating whether the basic structure doctrine has served the nation well were Nariman, former Chief Justice of India Dipak Misra, Thuglak editor S Gurumurthy, and senior Supreme Court lawyer Shyam Divan. Nariman insisted that this declaration, coming in the wake of the lifting of the internal emergency imposed by the Indira Gandhi-led government in June 1975, was an essential recognition of the basic structure doctrine by the legislature itself – “After the lifting of the oppressive internal emergency imposed in 1975, and after the sixth general election of March 1977, India’s newly constituted Parliament met and expressly declared by Section 40 of the Constitution Amendment Act, 1978 that the right to move any court for the enforcement of rights conferred by Articles 20 and 21 even during the period of an emergency can never be suspended. To offer a contextual perspective on the frequency with which the apex court has invoked this doctrine, Nariman also highlighted the number of times the Constitution has been amended since 1950 – “Since 1950, we have had 105 Constitutional Amendment acts under Article 368, in which 60 new articles were inserted in the Constitution, 17 originally enacted articles have been removed, and 154 originally enacted articles have been substituted or amended.” Whenever the basic structure doctrine has been invoked by the Supreme Court to strike down a constitutional amendment, it has always been on the principle of good judicial governance, and not ‘interfering’ judicial governance, the senior lawyer asserted. The court held that in excluding all judicial review over any constitutional amendment, there was a violation of the basic structure doctrine.” On veteran lawyer Ram Jethmalani, in whose honour the eponymous lecture series was organised, Nariman said at the outset of his speech – “In life, one has to be fortunate in one’s given name.

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History of this topic

Basic Structure Doctrine Has Come To Stay Having Been Accepted By The Parliament Itself: Fali S Nariman
1 year ago

Basic Structure Doctrine Has Come To Stay Having Been Accepted By The Parliament Itself: Fali S Nariman

Live Law  

While delivering the inaugural address at the second Ashok Desai Memorial Lecture, renowned jurist and senior advocate Fali S Nariman spoke about the judicial interference vis-à-vis parliament's powers to amend the constitution. Talking about the basic structure doctrine, Nariman said, “Basic structure theory was the response of an anxious and activist Court to the. Talking about the basic structure doctrine, …

’Once we cease to be judges…’ CJI on Ranjan Gogoi’s statement in Rajya Sabha
1 year, 5 months ago

’Once we cease to be judges…’ CJI on Ranjan Gogoi’s statement in Rajya Sabha

Live Mint  

After former CJI Ranjan Gogoi's commented that the basic structure doctrine was debatable, Chief Justice of India DY Chandrachud has remarked saying that that once judges demit office whatever they say is just opinion and is not binding. Here's what Ranjan Gogoi said in Rajya Sabha: Earlier on Monday, Justice Ranjan Gogoi, now a nominated member of the Rajya Sabha, …

‘Just opinions’: Chief Justice on Ranjan Gogoi's Constitution's basic structure remark
1 year, 5 months ago

‘Just opinions’: Chief Justice on Ranjan Gogoi's Constitution's basic structure remark

Hindustan Times  

Current Chief Justice of India DY Chandrachud, in a response to former CJI Ranjan Gogoi's remark on the basic structure doctrine, said on Tuesday that once judges demit office, whatever they say is ‘just opinion’. CJI Dhananjaya Y Chandrachud Citing the landmark Kesavananda Bharati case of 1973, the former CJI, who is now a nominated member of Rajya Sabha, expressed …

Ex-Judge’s Statements Are Opinions, Not Diktats: CJI Chandrachud on Ranjan Gogoi’s ‘Basic Structure’ Remark in Parl
1 year, 5 months ago

Ex-Judge’s Statements Are Opinions, Not Diktats: CJI Chandrachud on Ranjan Gogoi’s ‘Basic Structure’ Remark in Parl

News 18  

Amid the arguments before a constitution bench of the Supreme Court on Tuesday over pleas challenging abrogation of Article 370, senior advocate Kapil Sibal brought in a statement of former Chief Justice of India Ranjan Gogoi, which raised doubts on the basic structure doctrine. “One of your esteemed colleagues has said that in fact the basic structure theory is also …

Former CJI Ranjan Gogoi says basic structure of constitution debatable
1 year, 5 months ago

Former CJI Ranjan Gogoi says basic structure of constitution debatable

The Hindu  

Former Chief Justice of India Ranjan Gogoi, a nominated member in Rajya Sabha, said on August 7 that the basic structure of the Constitution has a “debatable jurisprudential basis”. On Monday, while speaking on the Bill, Mr. Gogoi said, “The law may not be to be my liking but that does not make it arbitrary. Having read the book, my …

Congress fumes as ex-CJI Gogoi calls ‘Basic Structure’ doctrine 'debatable': ‘Is this BJP's trick to…?’
1 year, 5 months ago

Congress fumes as ex-CJI Gogoi calls ‘Basic Structure’ doctrine 'debatable': ‘Is this BJP's trick to…?’

Hindustan Times  

The Congress party on Monday hit out at former Chief Justice of India and member of Parliament Ranjan Gogoi for terming the basic structure doctrine of the Indian Constitution ‘debatable’. “Shocking that a former CJI questions the jurisprudence of the basic structure of the Constitution,” Venugopal said in a post on X, formerly Twitter. Does it think that democracy, equality, …

Basic structure is India’s pride and world’s envy
1 year, 8 months ago

Basic structure is India’s pride and world’s envy

Hindustan Times  

Kesavananda Bharati vs State of Kerala — a landmark case that defined the concept of the basic structure doctrine of the Indian Constitution — completes 50 years on April 24, and this is an opportune moment to recognise its unique facets. By a 6-5 majority, India’s largest bench till then, said that fundamental rights were unamendable, overruling both Shankari Prasad …

Without Independent And Fearless Judges, India Will Enter A Dark Age : Former SC Judge Justice RF Nariman
1 year, 11 months ago

Without Independent And Fearless Judges, India Will Enter A Dark Age : Former SC Judge Justice RF Nariman

Live Law  

Without independent and fearless judges the judiciary would fall and India would enter a new dark age, retired Justice Rohinton Nariman said at a lecture in Mumbai on Friday. And speaking for myself, thank God it is.” Justice Nariman added that the doctrine, which bars the parliament from amending or altering the basic structure of the constitution, was an extremely …

Explained | The basic structure of the Constitution
1 year, 11 months ago

Explained | The basic structure of the Constitution

The Hindu  

The Chief Justice of India, D. Y. Chandrachud compared the ‘basic structure’ of the Constitution to the North Star, an unfailing guide which shows the way when the path appears convoluted. His observation marks the response of the Supreme Court to a recent statement made by Vice President Jagdeep Dhankar that the basic structure doctrine introduced by a 13-judge Bench …

Basic Structure Doctrine North Star Guides Interpreters Of Constitution CJI D Y Chandrachud 1973 Kesavananda Bharati Case
1 year, 11 months ago

Basic Structure Doctrine North Star Guides Interpreters Of Constitution CJI D Y Chandrachud 1973 Kesavananda Bharati Case

ABP News  

Mumbai: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted. The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark …

Basic structure of Constitution guides like North Star: CJI DY Chandrachud
1 year, 11 months ago

Basic structure of Constitution guides like North Star: CJI DY Chandrachud

India Today  

The Chief Justice of India DY Chandrachud on Saturday said that the basic structure of our Constitution, like a North Star that guides the judges in interpreting the Constitution. “The basic structure of our Constitution, like a North Star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted,” the …

Basic Structure Doctrine A North Star Which Guides Interpretation Of Constitution : CJI DY Chandrachud
1 year, 11 months ago

Basic Structure Doctrine A North Star Which Guides Interpretation Of Constitution : CJI DY Chandrachud

Live Law  

Chief Justice of India Dr DY Chandrachud has called the ‘basic structure doctrine’ a north star “which guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.” The basic structure doctrine had evolved in the celebrated 13-Judge Constitution Bench judgement of the Supreme Court almost five decades back. Talking about …

Basic Structure - Kesavananda Returns ?
1 year, 11 months ago

Basic Structure - Kesavananda Returns ?

Live Law  

Last September I was invited by NALSAR University students to visit their campus for a talk. A reticent bunch of bright law students were cajoled into participating in a role play of the greatest constitutional law case ever fought till date in India’s Supreme Court. -“delay”- those of you who have jumped at the present day law officers for trying …

DC Edit | V-P\'s attack on Constitution\'s basic structure is regrettable
1 year, 11 months ago

DC Edit | V-P\'s attack on Constitution\'s basic structure is regrettable

Deccan Chronicle  

The incessant firing at the judiciary by the Union government from the shoulders of, first, the Union law minister and, then, the Vice-President of the country, began with the collegium system of appointments in the higher judiciary as the target. In the latest volley, Vice-President Jagdeep Dhankhar has questioned the doctrine of basic structure expounded in the 1973 Kesavananda Bharati …

Manish Tewari | Should Parliament codify basic structure doctrine?
2 years ago

Manish Tewari | Should Parliament codify basic structure doctrine?

Deccan Chronicle  

The recent stand-off between the judiciary and the executive on judicial appointments and the law minister’s public advice to the Supreme Court not to hear bail matters and frivolous public interest litigations are issues that go to the very heart of our constitutional jurisprudence. However this stand-off raises some more portentous questions, the first and foremost being the very longevity …

1973: Kesavananda Bharati case
2 years, 4 months ago

1973: Kesavananda Bharati case

The Hindu  

Published : Aug 14, 2022 06:00 IST In an interview a few years before his passing in 2020, Kesavananda Bharati, the pontiff of the Edneer Mutt in Kasaragod in Kerala, said that when he challenged the Kerala Land Reforms Act he never thought that the subsequent Supreme Court judgment would become such a landmark event in the annals of the …

The Basic Structure Doctrine: An Inventive Saviour Of Democracy
3 years, 3 months ago

The Basic Structure Doctrine: An Inventive Saviour Of Democracy

Live Law  

The "Basic Structure Doctrine" is one of the most potent tools of the Judiciary for the maintenance of checks and balances, and balance of power needed for the smooth functioning of the democracy. The court rejected the argument by holding that Art.368 provides the power of amending the constitution, including fundamental rights, and the term "Law" under Art, 13 covers …

Basic Structure Doctrine Is Legitimate & Sound: Kenyan Court Of Appeals Extensively Quotes Kesavananda Bharati Judgment
3 years, 4 months ago

Basic Structure Doctrine Is Legitimate & Sound: Kenyan Court Of Appeals Extensively Quotes Kesavananda Bharati Judgment

Live Law  

One of the hotly contested issue before the Kenyan Court of Appeals in BBI judgment was whether the Basic Structure Doctrine expounded in Kesavananda Bharati by the Indian Supreme Court is applicable in Kenya or not. The majority judges of the seven judge bench held that this doctrine is applicable in Kenya and that the basic structure of the Constitution …

The Kesavananada Anniversary:Basic Structure Doctrine
3 years, 8 months ago

The Kesavananada Anniversary:Basic Structure Doctrine

Live Law  

April 24 marks the anniversary of the Kesavananda Bharati judgment enunciating the doctrine of basic structure. It is against the backdrop of the foregoing that the issue of the basic structure of the Constitution arose and the Court dexterously evolved the basic structure doctrine which while holding that amendment to any part of the Constitution including Part III was permissible, …

Kesavananda Bharati Judgment: An Exporter of Constitutional Ideas
4 years, 8 months ago

Kesavananda Bharati Judgment: An Exporter of Constitutional Ideas

Live Law  

Borrowing of legal principles from different legal systems is not a new concept and it has been happening since centuries. The "Basic Structure Doctrine" formulated in Kesavananda Case persuaded many constitutional courts, leading to recognition of this principle in their countries. After 16 years of Kesavananda verdict, Bangladesh Supreme Court also recognised the Basic Structure Doctrine in Anwar Hossain Chowdhary …

71st Republic Day : A Look At The Constitutional Amendments Struck Down By Courts On Basic Structure Doctrine
4 years, 11 months ago

71st Republic Day : A Look At The Constitutional Amendments Struck Down By Courts On Basic Structure Doctrine

Live Law  

Constitution of a country is the basic norm - Grund Norm - which includes fundamental principles which lay down the foundation of a society. The court declared that Section 55 of the Constitution 42nd Amendment Act as unconstitutional and void since it damages the basic structure and goes beyond the amending power of Parliament. The 5-judge bench of the Supreme …

Quoting Kesavananda Bharati And Minerva Mills Uganda SC Holds Const. Amendment Removing Presidential Age Limit Does Not Violate Basic Structure
5 years, 8 months ago

Quoting Kesavananda Bharati And Minerva Mills Uganda SC Holds Const. Amendment Removing Presidential Age Limit Does Not Violate Basic Structure

Live Law  

The Supreme Court of Uganda has upheld the validity of Constitutional Amendment which removed age limit for the President and Local Council V Chairpersons. The Court unanimously upheld the Constitutional Court finding that the amendment does not violate basic structure and that the President elected in 2016 is not liable to vacate office on attaining the age of 75 years. …

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