Class Notes 4 You

DOCTRINE OF BASIC STRUCTURE Introduction doctrine of judicial review applied by judiciary to examine the validity of  constitutional amendment  bills difference between rewriting the constitution and amending the constitution parliament represents ' political sovereignty' , constituent assembly represents ' popular sovereignty /general will' evolved to determine amending power of parliament conflict between  DPSP and FR FR are enforceable Cases  Champaran Dorairajan vs State of Madras 1950 Shankari Prasad vs UoI case 1951 reservation  policy challenged by Brahmin women on the basis of right to equality dilemma for judiciary: enforcement of FR is obligation under Art 32 art 13: no law which abridges any FR is to be given validity judiciary went for creative interpretation term  'law' excludes amendment response of govt 1st amendment act clause 4 in art 15- special provision for advancement of any socially or educationally backward classes of citizen or for S...

SECULARISM Introduction Secularism as Child of modernity contested concept european in origin based on experience of 30 years war child of christianity product of modernity reform in christianity: protestant movement rolling back of religion from public sphere constraining it to personal sphere rolling back of religion from public sphere is called as "Secularisation" TN Madan :  securlarisation is pre-requisite for the success of secularism hence politics and state in south asia may not remain secular new basis for solidarity was required, hence nationalism and nations emerged hence in European countries: 'Secular Nationalism' became the basis rise to two practices universal citizenship: citizenship not on basis of religion Uniform Civil Code democracy, rights, liberty, equality, justice, human dignity are overlapping concept with secularism emerged in the ideas of  Machiavelli  who separated state from church Hobbes:  church subordinate to state John Locke: ...