|
Minerva Mills V. Union Of India
''Minerva Mills Ltd. and Ors. v. Union Of India and Ors.'' (case number: Writ Petition (Civil) 356 of 1977; case citation: AIR 1980 SC 1789) is a landmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India. In the ''Minerva Mills'' case, the Supreme Court provided key clarifications on the interpretation of the basic structure doctrine. The court ruled that the power of the parliament to amend the constitution is limited by the constitution. Hence the parliament cannot exercise this limited power to grant itself an unlimited power. In addition to that , a majority of the court also held that the parliament's power to amend is not a power to destroy. Hence the parliament cannot emasculate the fundamental rights of individuals, and also includes the right to liberty and equality (which is not a fundamental right but considered a basic structure of the Constitution) . The ruling struck down clause 4 and 5 of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also has the power of Judicial review in India, judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original jurisdiction, original, appellate jurisdiction, appellate and Advisory opinion, advisory jurisdictions. As the apex constitutional court, it takes up appeals primarily against verdicts of the List of High Courts of India, High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India#Judicial powers, president of India. Under judicial review, the court invalidates both ordinary laws as well as Amendment of the Constitution of India, constitutional amendments as per the basi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Landmark Court Decisions In India
Landmark court decisions in India substantially change the interpretation of existing law. Such a landmark decision may settle the law in more than one way. In present-day common law legal systems it may do so by:A. W. B. Simpson, ''Leading Cases in the Common Law'', Clarendon Press, 199 * Establishing a significant new Legal doctrine, legal principle or concept; * Overturning prior precedent based on its negative effects or flaws in its reasoning; * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in future decisions). In India, landmark court decisions come most frequently from the Supreme Court of India, which is the highest judicial body in India. High courts of India may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Basic Structure Doctrine
Basic or BASIC may refer to: Science and technology * BASIC, a computer programming language * Basic (chemistry), having the properties of a base * Basic access authentication, in HTTP Entertainment * ''Basic'' (film), a 2003 film * Basic, one of the languages in ''Star Wars'' Music * ''Basic'' (Glen Campbell album), 1978 * ''Basic'' (Robert Quine and Fred Maher album), 1984 * ''B.A.S.I.C.'' (Alpinestars album), 2000 * ''Basic'' (Brown Eyed Girls album), 2015 * ''B.A.S.I.C.'' (The Basics album), 2019 Places * Basic, Mississippi, a community in the US * BASIC countries, Brazil, South Africa, India and China in climate change negotiations Organizations * BASIC Bank Limited, government owned bank in Bangladesh * Basic Books, an American publisher Other uses * Basic (cigarette), a brand of cigarettes manufactured by the Altria Group (Philip Morris Company) * Basic (dance move), the dance move that defines the character of a particular dance * Basic (slang), a pejorat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of India
The Constitution of India is the supreme law of India, legal document of India, and the longest written national constitution in the world. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out Fundamental rights in India, fundamental rights, Directive Principles, directive principles, and the duties of citizens. It espouses constitutional autochthony, constitutional supremacy (not Parliamentary sovereignty, parliamentary supremacy found in the United Kingdom, since it was created by a Constituent Assembly of India, constituent assembly rather than Parliament of India, Parliament) and was adopted with a declaration in Preamble to the Constitution of India, its preamble. Although the Indian Constitution does not contain a provision to limit the powers of the parliament to amend the constitution, the Supreme Court in Kesavananda Bharati v. State of Kerala held that there ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of India
The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president of India, President of the Republic of India, in their role as head of the legislature, has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha, but they can exercise these powers only upon the advice of the prime minister of India, Prime Minister of the Republic of India and the Union Council of Ministers. Those elected or nominated (by the president) to either house of the Parliament are referred to as member of Parliament (India), members of Parliament (MPs). The member of Parliament, Lok Sabha, members of parliament in the Lok Sabha are direct election, directly elected by the voting of Indian citizens in single-member districts and the member of Parliame ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution (Forty-second Amendment) Act, 1976
The 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. Owing to its size, it is nicknamed the ''Mini-Constitution''. Many parts of the Constitution, including the Preamble and constitution amending clause itself, were changed by the 42nd Amendment, and some new articles and sections ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emergency (India)
The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi declared a state of emergency across the country by citing internal and external threats to the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of a prevailing "Internal Disturbance", the Emergency was in effect from 25 June 1975 and ended on 21 March 1977. The order bestowed upon the prime minister the authority to rule by decree, allowing elections to be cancelled and civil liberties to be suspended. For much of the Emergency, most of Gandhi's political opponents were imprisoned and the press was censored. More than 100,000 political opponents, journalists and dissenters were imprisoned by the Gandhi regime. During this time, a mass campaign for vasectomy was spearheaded by her son Sanjay Gandhi. The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the President of India, and ratified ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indira Gandhi
Indira Priyadarshini Gandhi (Given name, ''née'' Nehru; 19 November 1917 – 31 October 1984) was an Indian politician and stateswoman who served as the Prime Minister of India, prime minister of India from 1966 to 1977 and again from 1980 until Assassination of Indira Gandhi, her assassination in 1984. She was India's first and, to date, only female prime minister, and a central figure in Indian politics as the leader of the Indian National Congress (INC). She was the daughter of Jawaharlal Nehru, the first prime minister of India, and the mother of Rajiv Gandhi, who succeeded her as prime minister. Gandhi's cumulative tenure of 15 years and 350 days makes her the second-longest-serving Indian prime minister after her father. Henry Kissinger described her as an "Iron Lady", a nickname that became associated with her tough personality. During her father Jawaharlal Nehru's premiership from 1947 to 1964, Gandhi was his hostess and accompanied him on his numerous foreign trips. I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kesavananda Bharati V
Kesavananda Bharati (9 December 19406 September 2020) was an Indian Hindu monk who served as the Shankaracharya (head) of Edneer Mutt, a Hindu monastery in Kasaragod district, Kerala, India from 1961 until his death. He was the petitioner in '' Kesavananda Bharati v. State of Kerala'', a landmark case that helped establish the basic structure doctrine of the Indian Constitution which guarantees that the fundamental or 'basic structure' of the Indian Constitution can not be altered by parliamentary amendment. He was a follower of Smartha Bhagawatha tradition and the Advaita Vedanta school of Hindu philosophy. Early life and career Kesavananda Bharati was born to Manchthaya Sreedhara Bhatt and Padmavathi Amma in 1940. He was appointed the head of Sri Edneer Mutt, in Kasaragod district, Kerala, in 1961, and belonged to the '' Parampara'' of Thotakacharya, one of the first four disciples of Adi Shankara. He was a follower of the Smartha Bhagawatha tradition of Advaitha Pant ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directive Principles In India
The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "fundamental" in the governance of the country, which makes it the duty of the StateThe term "State" includes all authorities within the territorial periphery of India: the Government of India, the Parliament of India, the Government and legislature of the states of India. To avoid confusion with the term states and territories of India, State (encompassing all the authorities in India) has been capitalized, and the term state is in lower case. to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to social justice, economic welfare, foreign policy, and legal and administrative matters. Directive Pri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Constitutional Case Law
Indian or Indians may refer to: Associated with India * of or related to India ** Indian people ** Indian diaspora ** Languages of India ** Indian English, a dialect of the English language ** Indian cuisine Associated with indigenous peoples of the Americas * Indigenous peoples of the Americas ** First Nations in Canada ** Native Americans in the United States ** Indigenous peoples of the Caribbean ** Indigenous languages of the Americas Places * Indian, West Virginia, U.S. * The Indians, an archipelago of islets in the British Virgin Islands Arts and entertainment Film * ''Indian'' (film series), a Tamil-language film series ** ''Indian'' (1996 film) * ''Indian'' (2001 film), a Hindi-language film Music * Indians (musician), Danish singer Søren Løkke Juul * "The Indian", an unreleased song by Basshunter * "Indian" (song), by Sturm und Drang, 2007 * "Indians" (song), by Anthrax, 1987 * Indians, a song by Gojira from the 2003 album '' The Link'' Other uses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
