Keshvananda Bharti V. State Of Kerela Case Study

Improved Essays
Keshvananda Bharti v. State of Kerela case asserted the Basic structure doctrine of the constitution. The concerned question was if the Parliament had unrestricted power to amend the Constitution under Article 368. The judgment given held that the Indian judiciary had the power to review and strike down the amendments made by the Parliament if they were against or altered the basic structure doctrine. In this judgment, separation of powers was included in the basic structure of the constitution, though it is not followed in the most rigid manner.
The doctrine was also upheld in the case of Indira Gandhi Nehru v. Raj Narain . In this case, the Prime Minster elections were in question. The constituent body had declared the elections valid. It
…show more content…
Domain refers to the area owned and controlled under a particular authority. Here, when we talk about the domain of the courts, we shall discuss about the scope of the matters that could be entertained by the courts and the areas under the control of the Judiciary in India. Let us trace back the jurisdiction of the courts from the British period.
2.2 Historical Background of Courts in India and Evolution of their
…show more content…
The High Courts in Calcutta, Madras and Bombay were the most important. Appeals could lie from these three courts to the Judicial Committee of Privy Council in England. The first important inference to a Supreme Court was made in the Nehru Report. It recommended that this hierarchy of the courts shall be kept, but there should be an apex court, i.e., Supreme Court, with original jurisdiction in all federal matters where interpretation of constitution was concerned. Various committees studied the question of Federal court and Supreme Court. Further, the Joint Committee rejected the suggestions and proposed the establishment of only a Federal Court. It recommended that the original jurisdiction of Federal Court should extend to disputes involving the interpretation of the Constitution, disputes among the units and between them and the federal government, and disputes concerning the interpretation of laws enacted by federal legislature. But the appeals on constitutional questions lied to the Privy Council. The federal court was actually established by The Government of India Act, 1935 and its original jurisdiction was defined by the Section 204. The Sapru Committee 1945 reviewed the functioning of the Federal Court and noted that the Federal court had exercised its appellate jurisdiction in a number of cases, but it exercised its original jurisdiction in only one case. The Committee recommended that the

Related Documents

  • Great Essays

    Since the early thirties, the constitutional measures contemplated by the British colonial regime contributed to the evolution of the idea. In 1946, the cabinet mission proposals recommended the setting up of a federation in the second model as discussed above. Given the rise of the Muslim League and their demand for a separate Pakistan on the basis of the two-nation theory, it was assumed that the interests of the Muslim majority provinces would be better protected in a loose federal arrangement. Then there were also more than 560 princely states also whose administrative structures and the economies were distinct and whose rulers had their own aspirations. It was proposed that the centre would be carrying out minimal functions i.e.…

    • 1825 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Lastly, should the Supreme Court interpret the Constitution in such a way that does not sit favorably with the members of Congress, Congress can at all times draft new laws, as well as amend the Constitution, effectively circumventing the Court’s previous decision (The Power of the Federal Courts). As such, it is evident that the Courts influence in policymaking is considerably limited to that of Congress, the President, and the Bureaucracy. Therefore, the Supreme Court’s principal purpose in the policymaking process is simply to exercise judicial review, and evaluate the constitutional questions arising out of the cases brought before the…

    • 1033 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Indian Preamble Analysis

    • 1204 Words
    • 5 Pages

    In Berubari the Supreme Court held that the Preamble to the Constitution containing the declaration made by the people of India in exercise of their sovereign will, no doubt is “a key to open the minds of framers of the Constitution” which may show the general purposes for which they made the several provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution. But in Kesvananda Bharti case the Supreme Court overruled the judgment was that the preamble can be used to interpret the ambiguous areas of the constitution while drafting. As I mentioned before drafting all the amendments, preamble must be taken into consideration. The Supreme Court held in the case of Kesvananda Bharti following three…

    • 1204 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    In disagreement with those that opposed a strong central government, contended that it was necessary. In Federalist 1, Alexander Hamilton explains the necessity for ratification. It states “it will therefore be of use to begin by examining the advantages of that Union, the certain evils, and the probable dangers, to which every State will be exposed from its dissolution.” Alexander Hamilton is stating to allow the passage of the new constitution to keep that nation stable, and promote a non-hostile environment. This is a departure from the events that lead up to the Articles of Confederation. In order to do this, Alexander Hamilton along with the other authors of the Federalist Papers, required a strong central government.…

    • 1295 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    - Judicial review is the power that the judiciary has to review laws passed by the states, or government regulations that could possibly conflict with the US Constitution. The Supreme Court has the original, and final right, to determine if any states’ law conflict with the Constitution. The Supreme Court also has the right to review governmental policies, and legislation. This Supreme Court’s judicial review was set into precedent by the Marbury v. Madison case, in which controversy over a “writ of mandamus” cause the court to establish its right to review under Article…

    • 804 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    A Legal and Ethical Analysis of the Appointment of Supreme Court Justices in the Constitution Act of 1867 The legal and ethical issues regarding the appointment of Supreme Court Justices will be examined within the context of the Constitution Act of 1867. The issue of Judicature (Section VII) in the Constitution defines the role of the governor General in the appointment of Supreme Court Justices under the guidance of the Queen’s government. In recent times, the Prime minister can provide “advice” for the Governor General in the choice of Supreme Court judges, yet the ethical issue of a democratic process in choosing these candidates increases the potential for political corruption. The legislature does not have the ability to prevent political…

    • 1265 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    This means that the Congress or the President should follow the constitution word for word. While the Federalist party held the ideas of general meaning. That said, the Congress or the President has the right to interpret the constitution based on significance. Over all this means that if the constitution doesn’t say it can’t do something then the Federalists believe they have a right to do it. As you can see the two parties show very different ways that they view the constitution as a whole.…

    • 411 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    The Judiciary is the section of government which is tasked with interpreting laws passed by parliament. In the USA the constitution established the Supreme Court under article 3 of the constitution. It is the ultimate authority in constitutional interpretation and its decisions can only be overturned by a constitutional amendment. In the UK, a supreme court was established in 2009 to provide greater clarity in the UK’s constitutional arrangements. In the UK, under the concept of Parliamentary Sovereignty, it is parliament which makes the laws but it is the courts who are tasked with interpreting them.…

    • 1432 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Federalist Alexander Hamilton regarded the Constitution as the fundamental law, which is superior to any state statute, and as a limited Constitution. In Federalist Paper Number 78, Hamilton argues that the Supreme Court should have the authority to invalidate acts of Congress that are deemed unconstitutional, and that if there is a variance between the Constitution and a law passed by Congress, federal courts have the responsibility to follow the Constitution. Paper Number 78, having been cited in thirty-seven Supreme Court opinions as of April 2007, has had an immense influence on the debate regarding the interpretation and application of the Constitution (Coenen). Supreme Court Justice Antonin Scalia is an advocate of textualism, arguing that the meaning of the Constitution lies in the words of the document, and that the Constitution should be regarded in favor of its “original meaning”. Justice Stephen…

    • 1154 Words
    • 5 Pages
    Superior Essays
  • Decent Essays

    it empowered the Legislatures to discuss the budget and to move resulutions on it Which of these statements are correct? 1 and 22 and 31, 2 and 31 and 3 View Answer Q35: With reference to the colonial rule of India, which one was not the feature of Subsidiary Alliance System? A subsidiary British army was to be maintained in the Indian State The determination of expenses incurred on the subsidiary British army was the duty of Indian State The Indian State had to care a British resident in her capital Indian soldiers could be used by the Company commanders View Answer Q36: Which one of the following pairs is correctly matched? Warren Hastings → The Battle of PlasseyLord Cornwallis → The Permanent Settlement of Bengal Lord Wellesley → The Prohibition of SatiLord Dalhousie → Local Self-Government View Answer Q37: Pandit Bhimsen Gururaj Joshi is an exponent of flutea hindustani vocalistan exponent of sitaran Odissi dancer View Answer Q38: Who among the following was the first lady Prime Minister in the world? Golda MeirIndira GandhiMary Eugania CharlesSirimavo Bandaranaike View Answer Q39: The South Indian ruler who introduced sericulture as an agro-industry in his kingdom was Hyder AliKrishnadevarayaRajaraja IITipu Sultan View Answer Q40: The Battle of Khanwa in 1527 was fought between Babur and Rana Sanga Humayun and Nusrat Shah Humayun and Sher ShahIbrahim Lodi and Rana Sanga View Answer Q41: Who was the founder of the Indian Association?…

    • 934 Words
    • 4 Pages
    Decent Essays