LIJDLR

Supreme Court of India

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE Dr Deepakshi Joshi, Principal, Chanakya Law College, Rudrapur, Kumaun University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.55 The Supreme Court of India established the Basic Structure Doctrine in the landmark judgment of Kesavananda Bharati v State of Kerala in 1973,[1] Creating a fundamental safeguard that protects the essential features of the Indian Constitution from being altered by parliamentary amendments.¹ This doctrine holds significant constitutional, social, and political implications. From a constitutional perspective, it preserves the Constitution’s fundamental identity by ensuring that core values—such as democracy, secularism, and justice—remain inviolable notwithstanding legislative changes. Socially, it affirms the protection of citizens’ fundamental rights and freedoms, thereby playing a vital role in upholding social justice and equality. Politically, the doctrine strengthens the system of checks and balances through judicial review, thus securing the democratic framework of governance. Overall, this principle has profoundly influenced the shaping of India’s democratic ideals, the protection of individual rights, and the maintenance of the balance of power between the judiciary and legislature.  

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE Read More »

VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS

VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS Shilpee Ghosh, Student at Narsee Monjee Institute Of Management Studies, Banaglore. Download Manuscript ABSTRACT India, a nation of 29 states and 7 UTs, is well renowned for its diversity and unity, however, these qualities also have certain flaws due to the country’s failure to uphold them. The Constitution states that no discrimination should be made on the grounds of sex, colour, religion, and place of birth, everyone should be treated equally. However, the same effort is futile when it comes to migrant workers who face discrimination in some areas when they move for employment. The rights of migrant workers continue to be infringed despite numerous pieces of legislation, constitutional clauses, and governmental initiatives. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 240 – 266. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS UNRAVELLING ‘LOSS OF CONFIDENCE’- AN IN-DEPTH ANALYSIS OF RUDRESHA V. MANAGEMENT OF M/S TVS MOTOR COMPANY IMPACT OF ADMINISTRATIVE MALPRACTICES ON THE BUREAUCRATIC MORALITY OF INDIA: A STUDY ONLINE MEDICAL NEGLIGENCE UNDER CONSUMER PROTECTION ACT, 2019 THE KEY IMPLICATION OF SECTION 29A IN CORPORATE INSOLVENCY RESOLUTION PROCESS EXPLORING THE NEED FOR A POST-WTO FRAMEWORK

VIOLATION OF SOCIAL SECURITY AND HEALTH RIGHTS OF MIGRANT WORKERS Read More »