MYUPSC.COM is dedicated to preparation of UPSC Civil Services and State PSC Prelims and Mains Examination 2020. we are providing here the best quality study material and Test Series for UPSC IAS Prelims and Mains Exam 2020. you can get India yearbook 2020 and State wise Current Affairs and General Knowledge Yearbook 2020. The site intends to provide free study notes, knowledge or information related to IAS/PCS exams that can help to crack these Examinations. The Study Portal has also published its Ebooks/ PDF on various aspects & dimensions of General Studies of World, India and all the Indian states. The vision of the Study Portal is to consolidate all the relevant information related to India, Indian States regarding its History, Geography, Polity, Art-Culture, Heritage, Economy, Environment & Biodiversity and Current Affairs etc. Basic structure and the Kesavananda Bharati case
The foundation and idea behind myupsc.com is to address the useful and good quality study material in English medium for aspirants who are preparation for UPSC Indian Administrative Services (UPSC) and State PSC Exams. UPSC PSC General Studies Must Read Books for Prelims and Mains Exam.
Current Affairs Yearbook 2020: Current Affairs are essential for the preparation of the UPSC CSE & PSC examination. The UPSC, State PSC prelims and mains examination demand conceptual clarity of current affairs, Clearing the UPSC CSE & State PSC examination requires a complete, holistic and comprehensive understanding of concepts in the news and current affairs which has been provided by MYUPSC.COM in very crisp and meticulous notes covering all notable and crucial State, national and international current affairs. Basic structure and the Kesavananda Bharati case
A good understanding of current affairs is central to success in the UPSC, State PSC examination for aspirants. Since it is a strenuous and gruelling task for aspirants to cover current affairs daily and revise it well, MYUPSC.COM prepares crisp and concise notes that covers the important topics relevant from UPSC CSE examination perspective by referring daily newspapers, the Press Information Bureau (PIB), reliable sources like government magazines, for example, the Yojana and the Kurukshetra, etc. It is relevant for all freshers and veterans in the examination, as it is important to cover all aspects of a current affairs topic, which is holistically and entirely covered by MYUPSC.COM daily, weekly, monthly and yearly basis.
Now you have made up your mind to become IAS officer and looking for the books and study materials to achieve your goal. Well, you are on the right page. Now We are Sharing With You UPSC IAS Daily Current Affairs 2020.
All PDF which are provided here are for Education purposes only. Please utilize them for building your knowledge and don’t make them Commercial. We request you to respect our Hard Work. We are Providing Everything Free Here.MYUPSC.COMWill Not Charge Any Cost For Any Service Here.
If you are new to UPSC field, We recommend you to know about UPSC Prelims and UPSC Mains and UPSC Optionals and Test Series [Prelims/Mains]and also Magazine for better Understanding. All our Advertisements are Decent ads [we don’t compromise in the Quality] and if anyone have any problem with website or advertisements please contact me email@example.com
Current affairs that is needed for UPSC IAS exam preparation is updated every day (except Sundays) along with General Studies Quiz. These current events are prepared from The Hindu, PIB, Business Standard, Wikipedia and other standard sources. These current events are free of cost and we request you NOT to buy these from photocopy shops which are illegally sold without our permission.
Basic structure and the Kesavananda Bharati case
Context: Exactly forty-seven years ago, on April 24, 1973, Chief Justice Sikri and 12 judges of the Supreme Court assembled to deliver the most important judgment in its history. The case of Kesavananda Bharati v State of Kerala had been heard for 68 days, the arguments commencing on October 31, 1972, and ending on March 23, 1973.
By a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament. The basic structure doctrine has since been regarded as a tenet of Indian constitutional law.
Background of the case: All this effort was to answer just one main question: was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights?
In the early 1970s, the government of then Prime Minister Indira Gandhi had enacted major amendments to the Constitution (the 24th, 25th, 26th and 29th) to get over the judgments of the Supreme Court in RC Cooper (1970), Madhavrao Scindia (1970) and the earlier mentioned Golaknath.
In RC Cooper, the court had struck down Indira Gandhi’s bank nationalisation policy, and in Madhavrao Scindia it had annulled the abolition of privy purses of former rulers.
All the four amendments, as well as the Golaknath judgment, came under challenge in the Kesavananda Bharati case– where relief was sought by the religious figure Swami Kesavananda Bharati against the Kerala government vis-à-vis two state land reform laws.
What constitutes the basic structure?
The Constitutional Bench ruled by a 7-6 verdict that Parliament should be restrained from altering the ‘basic structure’ of the Constitution.
The court held that under Article 368, which provides Parliament amending powers, something must remain of the original Constitution that the new amendment would change.
The court did not define the ‘basic structure’, and only listed a few principles — federalism, secularism, democracy — as being its part. Since then, the court has been adding new features to this concept.
‘Basic structure’ since Kesavananda:
The ‘basic structure’ doctrine has since been interpreted to include the supremacy of the Constitution, the rule of law, Independence of the judiciary, doctrine of separation of powers, federalism, secularism, sovereign democratic republic, the parliamentary system of government, the principle of free and fair elections, welfare state, etc.
What do critics say?
Critics of the doctrine have called it undemocratic, since unelected judges can strike down a constitutional amendment.
At the same time, its proponents have hailed the concept as a safety valve against majoritarianism and authoritarianism.
Outcomes and implications of the judgment:
If the majority of the Supreme Court had held (as six judges indeed did) that Parliament could alter any part of the Constitution, India would most certainly have degenerated into a totalitarian State or had one-party rule.
At any rate, the Constitution would have lost its supremacy.
The 39th Amendment prohibited any challenge to the election of the President, Vice-President, Speaker and Prime Minister, irrespective of the electoral malpractice. This was a clear attempt to nullify the adverse Allahabad High Court ruling against Indira Gandhi.
The 41st Amendment prohibited any case, civil or criminal, being filed against the President, Vice-President, Prime Minister or the Governors, not only during their term of office but forever. Thus, if a person was a governor for just one day, he acquired immunity from any legal proceedings for life.
If Parliament were indeed supreme, these shocking amendments would have become part of the Constitution.