Content deleted Content added
Adding Papua New Guinea |
Citation bot (talk | contribs) Altered title. Removed parameters. | Use this bot. Report bugs. | #UCB_CommandLine |
||
Line 16:
==Definition==
That the Constitution has "basic features" was first theorised in 1964, by Justice [[Janardan Raghunath Mudholkar|J.R. Mudholkar]] in his dissent, in the case of ''Sajjan Singh v. State of Rajasthan''. He wrote that it is a matter for consideration{{quotation|"whether making a change in a basic feature of the Constitution can be regarded merely as an amendment or would it be, in effect, rewriting a part of the Constitution; and if the latter, would it be within the purview of Article 368?"<ref>{{cite web|url=https://www.ejusticeindia.com/sajjan-singh-vs-state-of-rajasthan-case-summary/|title=Case Name: Sajjan Singh vs
The [[Supreme Court of India]], through the decisive judgement of Justice [[Hans Raj Khanna]] in ''Keshavananda Bharti v. State of Kerala'' (1973) case, declared that the basic structure/features of the constitution is resting on the basic foundation of the constitution. The basic foundation of the constitution is the dignity and the freedom of its citizens which is of supreme importance and can not be destroyed by any legislation of the parliament.<ref>{{cite web|title=13 member constitutional bench verdict (refer paras 316 and 317) in Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April,1973|url=https://indiankanoon.org/doc/257876/|access-date=5 December 2014|archive-url=https://web.archive.org/web/20141214053355/http://indiankanoon.org/doc/257876/|archive-date=14 December 2014|url-status=live}}</ref> The basic features of the Constitution have not been explicitly defined by the Judiciary. At least, 20 features have been described as "basic" or "essential" by the Courts in numerous cases, and have been incorporated in the basic structure. Only Judiciary decides the basic features of the Constitution. In ''Indira Nehru Gandhi v. Raj Naraian'' and also in the ''Minerva Mills'' case, it was observed that the claim of any particular feature of the Constitution to be a "basic" feature would be determined by the Court in each case that comes before it. Some of the features of the Constitution termed as "basic" are listed below:
| |||