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Landmark Judgment on Features of Constitution of India

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Landmark Judgments on the features of Constitution of India are as follows –

Ram Jawaya Kapoor V. State of Punjab AIR 1955 SC 549

In this case Supreme Court held that our Constitution has adopted the system of parliamentary Government of England. The basic features of parliamentary government of India is that the President is the Constitutional head of Executive while the actual executive power are vested in the Council of Ministers.

The federal principle or doctrine of separation of power is not incorporated in the Constitution in strict and rigid form.

S. R. Bommai V. Union of India, AIR 1994 SC 1918

In this case Supreme Court has held that Secularism is the Basic Structure of the Constitution.

The Supreme Court in majority has expressed that the nature of Indian Constitution is federal.

Aruna Roy V. Union of India AIR 2002 SC 3176

The Supreme Court held that Secularism has a positive meaning and it means to develop understanding and respect towards different religions.

Excel Wear V. Union of India, AIR 1979 SC 1125

The Supreme Court held that the addition of the word ‘Socialist‘ might might enable the court to learn more in favour of nationalisation and State ownership of and an industry. But so long as private ownership of industries are recognised and governs ana large portion of our economic structure, the principle of socialism and social justice can not be pushed to such an extent so as to ignore completely, the interest of another section of public.

D. S. Nakara V. Union of India, AIR 1983 SC 25

The Supreme Court has held that the basic framework of Soccalism is to provide a decent standard of life to working people especially provide security from cradle to grave.

L. Chandra Kumar V. Union of India AIR 1997 SC 1125

The Supreme Court has held that Judicial Review is the Basic Structure of the Constitution. And exclusion of Jurisdiction of courts is unconstitutional.The Jurisdiction of Court can’t be excluded.

State of West Bengal V. Union of India, AIR 1963 SC 549

The Constitution of India is not truly federal and States are not sovereign. Political sovereignty is distributed between Union and States with greater weightage in favour of Union.

State of Rajasthan V. Union of India, AIR 1977 SC 1361

The Union of India is federal but the extent of federalism is largely watered the down by the needs of progress and development of a country which has to be nationally, politically and economically coordinator and socially intellectually and spiritually uplifted.

Kuldip Nayar V. Union of India AIR 2006 SC 3127

federal principle is dominant in Indian Constitution and that principle is one of its basic feature but it is also equally true that federalism is in favour of strong centre or unitary power.

Jilubhai Nanbhai Khachar V. State of Gujarat, AIR 1995 SC 142

Supreme Court held that right to property under Article 300-A is not a basic feature of the Constitution of India.

K Lakshmi Narayanan V. Union of India, (2020) 14 SCC 664

Constitutional conventions are born and recognised in working of the Constitution. The purpose and object of constitutional convention is to ensure that the legal framework of the Constitution is operated in accordance with constitutional value and constitutional morality. The conventions are not static but change with the change in the constitutional values and constitutional interpretations.

SPShahi
SPShahihttps://www.spshahi.com
Author, SP Shahi is Advocate at the High Court of Judicature at Allahabad, He holds LL.M. degree and qualification in the NET exam. He prefers to write on legal articles and current affairs.

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