Hans Raj Khanna in the context of "Basic structure doctrine"

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👉 Hans Raj Khanna in the context of Basic structure doctrine

The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world that recognizes this doctrine in an expressed, written and rigid constitutional manner through Article 7B of its Constitution.

In Kesavananda Bharati, Justice Hans Raj Khanna propounded that the Constitution of India contains certain basic features that cannot be altered or destroyed through amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution. The doctrine thus forms the basis of the Supreme Court of India's power to review and strike down constitutional amendments and acts enacted by the Parliament that conflict with or seek to alter this "basic structure" of the Constitution. The basic features of the Constitution have not been explicitly defined by the Judiciary, and the determination of any particular feature as a "basic" feature is made by the Court on a case-by-case basis.

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Hans Raj Khanna in the context of Kesavananda Bharati v. State of Kerala

His Holiness Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. The case is also known as the Fundamental Rights Case. The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.

Justice Hans Raj Khanna argued that the Constitution possesses a basic structure of constitutional principles and values. The Court partially cemented the prior precedent Golaknath v. State of Punjab, which held that constitutional amendments through Article 368 were subject to fundamental rights review, but only if they could affect the 'basic structure of the Constitution'. At the same time, the Court also upheld the constitutionality of the first provision of Article 31-C, which implied that laws seeking to implement the Directive Principles, which do not affect the 'Basic Structure,' shall not be subjected to judicial review.

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Hans Raj Khanna in the context of Chief Justice of India

The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the president of India to appoint, as recommended by the outgoing chief justice in consultation with other judges, (as envisaged in Article 124 (2) of the Constitution) the next chief justice, who will serve until they reach the age of 65 or are removed by the constitutional process of impeachment.

The CJI ranks 6th in the Order of Precedence of India and as per convention, the successor suggested by the incumbent chief justice is most often the next most senior judge of the Supreme Court. However, this convention has been broken twice. In 1973, Justice A. N. Ray was appointed, superseding three senior judges, and in 1977 when Justice Mirza Hameedullah Beg was appointed as Chief Justice, superseding Justice Hans Raj Khanna.

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