Basic Structure Doctrine

Tribunals

Tribunals in India: SC Strikes Down Provisions, Articles 323A–323B Explained

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Introduction Dr. B.R. Ambedkar: “An independent judiciary is the soul of our Constitution. The Supreme Court has recently invalidated parts of the Tribunals Reforms Act, 2021, finding that many provisions were a re-enactment of the constitutionally void Ordinance of the same name, invalidated in the Madras Bar Association case. The Court found that these provisions […]

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Articles 31A, 31B, and 31C

Articles 31A, 31B, and 31C: Balancing Property Rights, Socialism, and Judicial Review in India

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Introduction “The fundamental rights must harmonize with the directive principles — for liberty without equality can be hollow, and property without justice can be tyranny.”— Jawaharlal Nehru, during debates on the First Constitutional Amendment, 1951 When enacted, the Indian Constitution gave the Right to Property as a Fundamental Right, under Articles 19(1)(f) and 31, ensuring

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Twin Shields of Rights: Article 13 and the Basic Structure Doctrine

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“The Constitution is not a mere lawyers’ document, it is a vehicle of life.” – Dr. B.R. Ambedkar When we discuss Fundamental Rights, the common question asked is:Who really does the protection besides Indian Judiciary- Article 13 or the Basic Structure Doctrine? The truth is that India has a two-pronged protective system in its Constitution:

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