Shreya Mam Unacademy UPSC CSE

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Art and Culture_E-Book_compressed.pdf

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Basicstructuredoctrine 1. Shankari Prasad case (1951) • The constitutional validity of the First Amendment Act (1951), which curtailed the right to property, was challenged. • The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. 2. Golak Nath case (1967) • The Supreme Court reversed its earlier stand. In that case, the constitutional validity of the Seventeenth Amendment Act (1964), which inserted certain state acts in the Ninth Schedule, was challenged. • The Supreme Court ruled that the Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights. #Basicstructure 1. 24th AMENDMENT OF CONSTITUTION. • The Parliament reacted to the Supreme Court’s judgement in the Golak Nath case (1967) by enacting the 24th Amendment Act (1971). This Act amended Articles 13 and 368. • It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an act will not be a law under the meaning of Article 13. 2. KESAVANANDA BHARATI CASE. • In the Kesavananda Bharati case (1973), the Supreme Court overruled its judgement in the Golak Nath case (1967). It upheld the validity of the 24th Amendment Act (1971) and stated that Parliament is empowered to abridge or take away any of the Fundamental Rights. • At the same time, it laid down new doctrine of the ‘basic structure’ of the Constitution. It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution. Basicstructure 1. 42nd AMENDMENT • The Parliament reacted to this judicially innovated doctrine of ‘basic structure’ by enacting the 42nd Amendment Act (1976). • This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground including that of the contravention of any of the Fundamental Rights. 2. MINERVA MILL CASE. •  The Supreme Court in the Minerva Mills case (1980) invalidated this provision as it excluded judicial review which is a ‘basic feature’ of the Constitution. Applying the doctrine of ‘basic structure’ with respect to Article 368. 15/07/2024

GS_Pointer_2_आधुनिक_भारत_का_इतिहास.pdf

🔺️ FEATURES OF PARLIAMENTARY GOVERNMENT. 1. Nominal and Real Executives The President is the nominal executive  while the Prime Minister is the real executive. Thus, the President is head of the State, while the Prime Minister is head of the government.  2. Majority Party Rule The political party which secures majority seats in the Lok Sabha forms the government. The leader of that party is appointed as the Prime Minister by the President; other ministers are appointed by the President on the advice of the prime minister. 3. Collective Responsibility The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular (Article 75)  4. Political Homogeneity Usually members of the council of ministers belong to the same political party, and hence they share the same political ideology. 5. Double Membership The ministers are members of both the legislature and the executive. This means that a person cannot be a minister without being a member of the Parliament. 6. Leadership of the Prime Minister The Prime Minister plays the leadership role in this system of government. He is the leader of council of ministers, leader of the Parliament and leader of the party in power. 7. Dissolution of the Lower House The lower house of the Parliament (Lok Sabha) can be dissolved by the President on recommendation of the Prime Minister. In other words, the prime minister can advise the President to dissolve the Lok Sabha before the expiry of its term and hold fresh elections. 8. Secrecy The ministers operate on the principle of secrecy of procedure and cannot divulge information about their proceedings, policies and decisions. PARLIAMENTARY FORM OF GOVERNMENT. 1. The Constitution of India provides for a parliamentary form of government, both at the Centre and in the states. 2. Articles 74 and 75 deal with the parliamentary system at the Centre and Articles 163 and 164 in the states. 3. The parliamentary system of government is the one in which the executive is responsible to the legislature for its policies and acts. 4. The parliamentary government is also known as cabinet government or responsible government or Westminster model of government and is prevalent in Britain, Japan, Canada, India among others. 5. Ivor Jennings called the parliamentary system as ‘cabinet system’ because the cabinet is the nucleus of power in a parliamentary system. 6. The parliamentary government is also known as ‘responsible government’ as the cabinet (the real executive) is accountable to the Parliament and stays in office so long as it enjoys the latter’s Confidence.