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Constitutionalism and basic structure

By: Material type: TextTextPublication details: New Delhi; Regal Publications; 2015Description: 305 pISBN:
  • 9788184845099
Subject(s): DDC classification:
  • 342.02 JOS
Summary: The evolution and practice of the basic structure doctrine in India, is concerned to preserve the sanctity of the Constitution as a higher law. The Supreme Court with intentions to protect the basic and original ideals of the makers has acted as a check over the legislative enthusiasm of Parliament ever since independence. A comparative study of some selected Constitutions of the world shows that the Constitution has not been treated as immortal or unamendable by most of the countries. But the Basic Structure is unamendable, limitless and indivisible like Austin's Sovereign. Though various pronouncements of the Indian judiciary have somehow given a firm establishment to the doctrine of Basic Structure in our Constitutional law but there exist a lot of questions which are still unanswered. Whether everything or anything can be added to the exhaustive list of basic features or it needs judicial interference in the form of basic structure review. Right to property is one such issue. The amended version of the Land Acquisition Act has been passed, but it does not entirely settle the issues of dubious takeover of land and failure to pay fair compensation. The present book critically analyses the working of the doctrine of basic structure and its contradiction with Article 368. The book highlights the significance of the doctrine of Basic Structure and its scope around the world.
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Books Books Gandhi Smriti Library 342.02 JOS (Browse shelf(Opens below)) Available 158589
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The evolution and practice of the basic structure doctrine in India, is concerned to preserve the sanctity of the Constitution as a higher law. The Supreme Court with intentions to protect the basic and original ideals of the makers has acted as a check over the legislative enthusiasm of Parliament ever since independence.
A comparative study of some selected Constitutions of the world shows that the Constitution has not been treated as immortal or unamendable by most of the countries. But the Basic Structure is unamendable, limitless and indivisible like Austin's Sovereign.
Though various pronouncements of the Indian judiciary have somehow given a firm establishment to the doctrine of Basic Structure in our Constitutional law but there exist a lot of questions which are still unanswered.

Whether everything or anything can be added to the exhaustive list of basic features or it needs judicial interference in the form of basic structure review. Right to property is one such issue. The amended version of the Land Acquisition Act has been passed, but it does not entirely settle the issues of dubious takeover of land and failure to pay fair compensation.
The present book critically analyses the working of the doctrine of basic structure and its contradiction with Article 368. The book highlights the significance of the doctrine of Basic Structure and its scope around the world.

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