Legal framework for the Elimination of violence against Women in India
by: admin 22nd Nov 2019
by: admin 22nd Nov 2019
by: admin 22nd Nov 2019
by: Adv. Jayatinn B Laalwani 30th Oct 2019
by: Adv. Jayatinn B Laalwani 20th Nov 2019
by: admin 13th Nov 2019
by: admin 01st Nov 2019
Rafale Deal And All About The Controversy
Mandatory Registration of Documents and procedure
Rights of Consumers
Procedure to be followed in Civil Recovery Proceedings
Guardian and Ward Act In India
The Maternity Benefit Act, 1961
Bankruptcy & Insolvency in India
Juvenile Justice Act, 2000
Contempt of Court
India Vs Pakistan: Kulbhushan Jadhav’s Case
Procedure to start a Pharmacy Store in India
Guidelines for the prescription of medicines
Guidelines for Autopsy/ Postmortem in India
Types of Consent for Medical Treatment
Regulation for E - Pharmacy in India
Medical Consent for treatment in India
Common types of Medical Negligence
Duties of Doctors
Defense against Medical Negligence Cases
Laws that affect Medical Professionals in India
Liability of Medical Negligence under Consumer Protection Act
Steps to be taken to avoid Medical Negligence
Rights of the Patient
Duty of patient to avoid aiding Medical Negligence
General Types of Medico-Legal Cases (MLC)
Exemption of doctors operating in Emergency Rooms
Misdiagnosis: A Medical Negligence?
Unjust Compensation - A Doctors Perspective
Guidelines to protect doctors from frivolous and unjust prosecution
Motor Accident Claim Tribunal
Plastic Money and their Advantage & Disadvantages
Basic information of Companies
Points to be Noted for Child Custody to Father
Delay of Condonation
More about Joint Venture
Consumer Protection ACT, 1986
Prison Reforms in India
Things to be kept in mind - Dishonor of Cheque
More about Contested Divorce
Gift Deed
Rajya Sabha passes the Triple Talaq Bill
The IndiGo Promotors Feud
Procedure to File Complain against Domestic Violence
Know more about Equal Remuneration Act, 1976
Financial Risk Management
Case of abandoned NRI brides, Supreme Court issues notice to the State
Intervention of SC in the Unnao Rape Case
The abolishment of Article 370 of the Constitution: One Nation One Flag
Offences and Prosecution under the Income Tax Act, 1961
Overview of The Indian Penal Code
Surrogacy (Regulation) Bill, 2019
All you need to know: Drafting a Legal Notice
Overview of the Indian Constitution
Can the Indian Constitution be Amended?
A comparative study of the Indian, UK and the US Constitution
Basic Structure of the Indian Constitution
Citizenship under the Indian Constitution
The Growth of technology Patents in India
Motor Vehicle Amendment Act, 2019
Need to amend CrPC and IPC to increase the conviction rate.
Rules to be followed by the Ganpati Mandals
National Company Law Tribunal
Penal Provision on Rash and Negligent Driving
Limited Liability Partnership (LLP)
Joint Custody of Child in India
Warrant and its Types
The Real Estate (Regulation & Development) Act
Artificial Intelligence in healthcare
Consumer Protection Bill, 2019
Intellectual Property in Medicine
Legal and Regulatory Regime: Medical Technology
Regulations for firecrackers during Diwali
Land Records & Titles
New Medical Technologies in India
Virtual Clinic
Rights of Children in India
Inheritance Law in India
Family Courts in India
International Day for the Elimination of violence against Women
Legal framework for the Elimination of violence against Women in India
- According to the Indian Constitution, the Parliament and the state legislatures have the supreme power to make laws within their respective jurisdictions.
- The Constitution vests the power to adjudicate the constitutional validity of all laws enacted in the judiciary.
- Bills passed to amend the Constitution can only be introduced in the Parliament, but this power is not absolute in nature.
- If the Supreme Court finds that any law passed by the Parliament or the state legislature’s, is inconsistent with the Constitution or violates any provision of the Constitution, the court has the power to hold that law to be invalid, void or ultra vires.
- The founding fathers of the Constitution wanted it to be an adaptable document rather than a rigid and unchangeable framework dedicated to governance.
- Hence, the Parliament was invested with the power to amend the Constitution through Article 368 of the Constitution. It gives the impression that the Parliament's amending powers are absolute in nature.
- But the Supreme Court has acted as a conscious and continuous break to the legislative enthusiasm of the Parliament ever since independence was attained.
- With the intention of preserving the philosophy and the original ideals of the Constitution as envisioned by the constituent assembly, the Apex Court held that Parliament could not distort, damage or alter the basic features under the pretext of amending the Constitution.
- The Supreme Court has laid down the basic structure doctrine. According to the doctrine, the Parliament cannot destroy or alter the basic structure of the doctrine.
- The phrase basic structure itself is not described anywhere in the Constitution.
- The Supreme Court recognised the concept of the basic structure for the very first time in the landmark judgement of the Kesavananda Bharati case in 1973.
- The concept of the doctrine developed gradually with the interference of the judiciary from time to time to protect the basic rights of the people and the ideals and the philosophy of the Constitution.
- Ever since the Supreme Court has been the interpreter of all amendments made by Parliament to the Constitution
The inception of the Doctrine of Basic structure
Keshavananda Bharati case
The Keshavananda Bharati case challenged certain amendments of the Constitution. Some of the points put forward were: -
What can be defined as the basic structure?
From time to time the basic structure is enhanced with some new content and clarification, and hence the Supreme Court is yet to define the exact basic structure of the Constitution. It has laid down a vague list of topics through various judgements. Below is a list of some topics that can be covered under the basic structure doctrine, this list is only illustrative and not nearly exhaustive:
Comment
Share