Table of Contents
- 1 Can the Indian parliament amend the basic structure of the Constitution?
- 2 In which case the Supreme Court advanced the theory of basic structure of the Constitution of India?
- 3 Can Parliament amend any part of the Constitution?
- 4 What are the merits of parliamentary form of government?
- 5 Can Parliament amend Fundamental Rights?
- 6 How is representation in the Indian Parliament ensured?
- 7 Why did the members of the Constituent Assembly decide to adopt Indian Constitution?
Can the Indian parliament amend the basic structure of the Constitution?
The basic structure doctrine is one of the fundamental judicial principles connected with the Indian Constitution. The doctrine of the basic structure holds that there is a basic structure to the Indian Constitution, and the Parliament of India cannot amend the basic features.
Why does India has a parliamentary form of government?
Created after 1947, the Indian Parliament is an expression of the faith that the people of India have in principles of democracy. These are participation by people in the decision-making process and government by consent. The Parliament in our system has immense powers because it is the representative of the people.
In which case the Supreme Court advanced the theory of basic structure of the Constitution of India?
Kesavananda Bharati case
The phrase ‘basic structure’ itself cannot be found in the Constitution. The Supreme Court recognised this concept for the first time in the historic Kesavananda Bharati case in 1973. [1] Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by Parliament.
Do you think doctrine of basic structure is undemocratic?
The core of the basic structure debate revolves around a dispute about the true meaning of “democracy.” Opponents of the doctrine claim that the doctrine is “undemocratic” on the ground that it places limitations on the powers of the political majority (acting through the legislature).
Can Parliament amend any part of the Constitution?
Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.
How can you say that India has a parliamentary form of government?
The Constitution of India provides for a Parliament consisting of an elected President4 and the two Houses the House of the People (Lok Sabha) and the Council of States (Rajya Sabha). The President appoints the Prime Minister and on his advice the other Ministers of the Council of Ministers.
What are the merits of parliamentary form of government?
Supporters generally claim three basic advantages for parliamentary systems: Adaptability. Scrutiny and accountability. Distribution of power.
Can the Indian Parliament change the decision of Supreme Court of India?
Parliament is entitled to override the judgment of the Supreme Court, within the contours of what is permitted,” he said. The bench reserved judgment on the petition challenging the ordinance.
Can Parliament amend Fundamental Rights?
Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution. Fundamental rights can be suspended during a national emergency.
When did India adopt the parliamentary form of democracy?
India adopted the Parliamentary form of democracy in the year 1947 since India has been familiar with its working during the times of British Rule. The type of government that functioned in India before independence in 1947 was very much similar to the British model of parliamentary.
How is representation in the Indian Parliament ensured?
India is a nation deeply divided into several groups with conflicting interests. All these varied groups are ensured representation in the Parliament through this form of government.
What are the different forms of government in India?
FORM OF GOVERNMENT IN INDIA India is a Sovereign, Socialist, Secular, Democratic and Republic country which follows the Parliamentary form of government which is also known as Westminster model of government or Cabinet government or Responsible government. This form of government is prevalent in Britain, Japan, Canada and India among others.
Why did the members of the Constituent Assembly decide to adopt Indian Constitution?
The framers of the constitution were greatly influenced by the English system. Therefore, the members of the Constituent Assembly decided to adopt this form of government for the independent India. India is a nation deeply divided into several groups with conflicting interests.