Basic Structure : Supreme Court's Important View
An important Judgment was passed by Hon'ble Supreme Court on 24 April 1973.
It was commented in Kesavananda Bharati v State of Kerala [1973] GCtR 315 (SC) thus : -
"The true position is that every provision of the Constitution can be amended provided in the result the basic foundation and structure of the Constitution remains the same. The basic structure may be said to consist of the following features:
(1) Supremacy of the Constitution;
(2) Republican and Democratic form of Government.
(3) Secular character of the Constitution;
(4) Separation of powers between the Legislature, the executive and the judiciary;
(5) Federal character of the Constitution."
It was further stated : -
"The basic structure of the Constitution is not a vague concept."
Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link
https://main.sci.gov.in/daily-order
Then entering the date of Judgment, for example, as 24 April 1973.
Written by
Vishal
Delhi
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