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Kesavananda Bharati v. State of Kerala
Constitutional Law II
Study material
Published material from The Law Easy that cites Article 13.
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Constitutional Law II
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Constitutional Law II
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Constitutional Law II
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Constitutional Law II
Issue: Can the government choose judges even when the Chief Justice disagrees?
48 min read
About this topic ▶ Watch this part of the lecture (0:00) These notes cover the 57 most important cases of Indian Constitutional Law . They are the cases that keep coming up in LL.B. examinations, in judiciary examinations and in every serious discussion of constitutional law. Every case is studied…
411 min read
Administrative law is "the law relating to the administration. It determines the organization, powers, and duties of administrative authorities.
61 min read
A child born in India before July 1, 1987, automatically acquired Indian citizenship regardless of their parents' nationality.
57 min read
Constitutional Law II deals with civil liberties. It is studied in eight units, from the question of who is a citizen of India to how the Constitution enforces the rights it gives. These rights are at work in ordinary life: when a person speaks his mind online, prays in his own way, or is stopped b…
130 min read
Understanding the role of judicial review in India's constitutional framework
15 min read
The term "Rule of Law" comes from the French expression 'La Principe de Legalite,' meaning the principle of legality. It refers to a government system based on law and justice, in contrast to a dictatorship.
14 min read
Supreme Court of India · 1950
In A.K. Gopalan v. State of Madras (1950), the Supreme Court upheld the Preventive Detention Act, 1950, except Section 14, and held Gopalan's detention legal. The majority treated each fundamental right as a separate compartment and read 'procedure established by law' as any law made by the legislature, not 'due process'. Justice Fazl Ali's dissent was later adopted in R.C. Cooper (1970) and Maneka Gandhi (1978), so the case is the starting point for understanding how Article 21 developed.
Supreme Court of India · 1967
In I.C. Golaknath v. State of Punjab (1967), an eleven-judge bench of the Supreme Court held by six to five that Parliament cannot take away or curtail fundamental rights, because a constitutional amendment is also 'law' under Article 13(2). It overruled Shankari Prasad and Sajjan Singh. To avoid legal chaos, it applied the doctrine of prospective overruling for the first time in India, so the past amendments and the challenged land reform Acts stayed valid.
Supreme Court of India (13-Judge Constitution Bench) · 1973
First, let us understand the basic meaning. The Basic Structure Doctrine is a rule created by the Supreme Court of India which says: Parliament can amend (change) almost any part of the Constitution, but it cannot change the parts that form the Constitution's core identity — its "basic structure."…
Supreme Court of India · 1950
First, let us understand the basic meaning. Article 19(1)(a) of the Constitution gives every citizen the right to freedom of speech and expression . But does that right stop at merely holding or voicing an opinion, or does it also protect your ability to share and circulate that opinion with others…
Supreme Court of India · 1965
In Sajjan Singh v. State of Rajasthan, the Supreme Court upheld the Constitution Seventeenth Amendment Act, 1964. It held that Parliament can amend any part of the Constitution, including the fundamental rights in Part III, and that a constitutional amendment is not 'law' under Article 13(2). The case matters because the separate opinions of Justice Hidayatullah and Justice Mudholkar first raised doubts about unlimited amending power, and Justice Mudholkar's idea of 'basic features' is treated as the seed of the basic structure doctrine.
Supreme Court of India · 1951
First, let us understand the basic meaning. Article 13(2) of the Constitution says: the State shall not make any law which takes away or abridges Fundamental Rights, and any law that does so is void. Shankari Prasad Singh Deo vs. Union of India (1951) asked one sharp question: does the word "law" i…
Supreme Court of India · 2017
In Shayara Bano v. Union of India (2017), a five-judge Constitution Bench of the Supreme Court, by a 3:2 majority, set aside instant triple talaq (talaq-e-biddat). Two judges held it unconstitutional as manifestly arbitrary under Article 14, and a third held it was not part of Islamic law. The case is a landmark for the dignity and equality of Muslim women.
5 practice questions test this article.
We show statutory text only after checking it word for word against the official source. Read Article 13 of the Constitution of India on India Code.
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