Class Notes 4 You

Basic Structure Doctrine’s Evolution Contest between:-  Article 13 (Laws that violates FR can be declared null and void) and Article 368 (Power of Parliament to amend the Constitution) Between Supremacy of Judiciary vs Parliament Locus → Judicial interpretation of Land Reform Laws  Contest between :- Community Rights: Land Acquisition vs Individual Right to Property  Supremacy of Parliament vs Supremacy of the Judiciary  Fundamental Rights vs Directive Principles of State Policy  Socialistic Policies: Land Reforms vs Capitalist Policies: Large Estate  Liberty vs Equality What are some important Articles / provisions with respect to the Judgements Art. 13(2) → law that violates rights in Part III → null & Void Art. 368 → Procedure and Power to Amend Constitution  Art. 39(b), 39(c) → Equitable distribution of wealth & prevention of wealth in Hands of few  9th Schedule → Added by 1st CAA; exempted from Judicial Review Shankari Prasad vs Union...

The doctrine of separation of powers horizontal distribution of power vs vertical distribution of power. distribution of power among 3 organs of the state (Executive, Legislature, Judiciary) each organ supreme in its sphere Why should we have separation of powers? Prudent Argument vs Moral Argument  With power comes responsibility; one Institution not capable of performing all functions   Prevents concentration of power in single body provides system of checks and balances  provides legitimacy to the State.  Conflicting Trinity vs Harmonious Government  Constitutional Vision & Mandate → Article 50 Do we have complete separation of powers? Montesquieu’s Theory of Separation of Power → one person not in two or more organs, non-interference, one organ should not perform function of other, trias politica  No rigid / watertight separation → neither possible, nor desirable (Appointment of Judges)  Indian model → principle of flexibility & interd...