In his recent article, titled
There’s a case for ‘we the people’ to embrace a new Constitution https://www.livemint.com/opinion/online-views/theres-a-case-for-we-the-people-to-embrace-a-new-constitution-11692021963182.html 14 Aug 2023 Bibek Debroy, highlighted the Hindu right's real problem with the Constitution.. ...the three recent Bills on criminal justice are examples. Partly, one reclaims our forgotten heritage; Sengol is a metaphor for that.
what about the Seventh Schedule and local bodies? If development is correlated with urbanization, why have we set up these rural-urban silos, exemplified in the 73rd and 74th amendments?
what’s the Supreme Court’s role... There are articles in the Constitution that impede executive efficiency, at least for all-India services. What about electoral reform and the Rajya Sabha’s role?
..Should one subject specific geographical areas to special laws, thereby never mainstreaming them? (This isn’t only about Article 370 as there are others.) If reforms are about markets and a refocused and reduced role for government, what sense do we make of the Directive Principles of State Policy?
All Those Demanding a New Constitution Are Fighting for a Less Equal India https://thewire.in/politics/all-those-demanding-a-new-constitution-are-fighting-for-a-less-equal-india Runyani .. the ideologues and leaders from the Hindu right have been asserting that this constitution is a colonial legacy, based on the Government of India Act of 1935 of the British and does not reflect ‘Indian values’
As the Constitution was implemented, the RSS mouthpiece rejected it and demanded the Manusmriti as the Constitution. An editorial in Organiser on Novemner 30, 1949 read: “But in our Constitution, there is no mention of the unique Constitutional development in Ancient Bharat. Manu’s laws were written long before Lycurgus of Sparata or Solon of Persia.
https://indianexpress.com/article/india/bibek-debroy-article-for-new-constitution-pm-panel-says-not-our-view-8897462/ “The recent article by Dr @bibekdebroy was in his personal capacity. In no way do they reflect the views of EAC-PM or the Government of India,” the EAC-PM posted Thursday evening. The EAC-PM is an independent body constituted to give advice on economic and related issues to the Government of India, specifically to the Prime Minister.
Keshavanand Bharati was challenging the 1969 Land Reforms enacted by the communist C. Achuta Menon government which had affected his Mutt. Under the reforms, the Edneer Mutt lost a large chunk of its property, which contributed to its financial woes.The 13-judge bench concluded with a 7-6 majority that the Constitution’s ‘basic structure’ is inviolable and cannot be altered by the Parliament. While the court itself did not define what this basic structure meant, it cited the following to be included in this basic structure.
Supremacy of the Constitution;
Republican and Democratic forms of Government.
Secular character of the Constitution;
Separation of powers between the Legislature, the executive and the judiciary;
Federal character of the Constitution.
The judgement read, “the above structure is built on the basic foundation, i.e., the dignity and freedom of the individual. This is of supreme importance. This cannot by any form of amendment be destroyed.”
Proponents of the basic structure doctrine consider it to be a safety valve against majoritarian authoritarianism. Without it, it is plausible that Indira Gandhi’s 1975 Emergency could have had far more deleterious effects on the health of Indian democracy.
Lecture By Senior Advocate Dushyant Dave At Ernakulam GLC On Basic Structure https://youtu.be/iurtgdH942U?t=3809 Live Law
Doctrine of Basic Structure under Indian Constitution: Madras High Court Bar Association at Madurai. https://youtu.be/cvUf9ZeEe8Y?t=59 Justice Rohinton Nariman delivered a Lecture for the Madras High Court Bar Association at Madurai on the topic - Doctrine of Basic Structure under Indian Constitution in the year 2015.
Art 368 .. power to amend is the most important thing.. language was originally amend in the first part and change in the second part five subject matters must go to parliament as well as half the states.. . in the proviso. In Keshavnanda Bharati.. though you may change each article at least on article must be there.. change means substitute or amend.. that something that remain behind..
Justice Nariman Official Channel https://www.youtube.com/@justicenarimanofficialchan8976
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