What are the basic features of constitution?
The basic features of the Constitution are as follows: Republican and democratic form of government. Secular character of the constitution. Federal character of the constitution. Separation of power.
Can Parliament change the basic structure of the Constitution?
The Supreme Court’s position on constitutional amendments laid out in its judgements is that Parliament can amend the Constitution but cannot destroy its “basic structure”.
How preamble is the basic structure of the Constitution?
It is a key to the Constitution. It is a jewel set in the Constitution.” Preamble is an introductory statement, stating the aims and objectives of the constitution. Accordingly, the preamble to the Indian constitution spells out the basic philosophy contained in the body of the Indian Constitution.
What is basic structure of constitution Upsc?
The list of Basic structure includes supremacy of the constitution, judicial review, federalism, independence of judiciary etc. The constitution under Article 368 empowers the Parliament to amend the constitution, but this power is not absolute.
What is Article 31C?
Constitution, the following article shall be inserted, namely:- “31C. Saving of laws giving effect to certain directive principles.- Notwithstanding anything contained in article 13, no law giving effect. to the policy of the State towards securing the principles specified.
Is judicial review a basic structure?
“that the power of judicial review over legislative action vested in the High Courts under Article 226 and in the Supreme Court under Article 32 of the Constitution is an integral and essential feature of the Constitution, constituting part of its basic structure”.
What are basic features of Indian constitution?
The basic structure of the Constitution i.e. its most fundamental features can be described as: Preamble, Fundamental Rights, Directive Principles, Secularism, Federalism, Republicanism, Independence of Judiciary, Rule of Law, and Liberal Democracy.
What are the five features of Indian constitution?
Expert Answer:
- Rigidity and flexibility. …
- Parliamentary system of government. …
- Federal system with a unitary bias. …
- Fundamental rights and fundamental duties. …
- Directive principles of state policy. …
- Secularism. …
- Independent judiciary.
What are the 6 fundamental rights?
The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, and (vi) right to constitutional remedies.
How many types of directive principles are there?
The Constitution of India does not formally classify the Directive Principles of State Policy but for better understanding and on the basis of content and direction- they can be classified into three categories: Socialistic Principles, Gandhian Principles, and Liberal-Intellectual Principles.
Can judiciary violate fundamental rights?
But then, the five Judge decision of the Supreme Court in 2002 in Rupa Ashok Hurrahas held that “it is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the fundamental rights enshrined in Part III” of the Constitution and that “the …
How can we make enforcement of fundamental rights easier and effective?
The Supreme Court and the High Court may issue the suitable writ for the enforcement of a citizen’s fundamental right. A writ is an order of court directing the recipient of such order to do or refrain from doing a particular act. Different writs serve different purpose.
What is horizontal application of rights?
THE HORIZONTAL APPLICATION OF THE BILL OF RIGHTS. 363. Page 14. doctrine of state action. 69 Section 8(1) makes it clear that our Bill of Rights is applicable horizontally to the whole of the common law even when operating between two private individuals.
Can a district court enforce a fundamental right?
Fundamental rights can be enforced only by issuance of writs which can be issued by either the Supreme Court or the High Courts and not by the District Courts. Therefore a District court cannot enforce a fundamental right.
What are constitutional remedies?
Constitutional remedies support the protection of fundamental rights and ensure that people whose fundamental rights have been violated can seek relief directly from the Supreme Court or different High Courts of India.