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Question
Legal Principle: The doctrine of basic structure in Constitutional jurisprudence means that the Constitution of India has certain basic features that cannot be taken away through amendments by the Parliament. The power of judicial review is a part of the basic structure and it helps the constitutional Courts to determine whether an amendment is against the basic structure or not.
Fact Situation: Parliament proposes an amendment limit the power of appeal against conviction for the offence of Sedition, to be exercised only by the Supreme Court of India.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
The proposed amendment is against the doctrine of the basic structure.
The proposed amendment is unconnected to the doctrine of the basic structure.
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
The proposed amendment is beyond the power of the Parliament.
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Solution
The proposed amendment can be reviewed and struck down by the Constitutional Courts.
Explanation:
Supreme Court has declared that the basic structure/ features of the constitution is resting on the basic foundation of the constitution. The basic foundation of the constitution is the dignity and the freedom of its citizens which is of supreme importance and can not be destroyed by any legislation of the parliament. Article 136 of the constitution stipulates for special leave petition. Meaning, any person aggrieved of any violation may without any restriction (whether the case is pending in some court, decided or whatever) can approach the Supreme Court under SLP. In addition, if SC finds substance in the SLP then it can hear and dispose of the case.
Hence "The proposed amendment can be reviewed and struck down by the Constitutional Courts." is most appropriate and the proposed amendment can be reviewed and struck down by the constitutional courts.
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In this Question, the problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
Rules:
A. A minor is a person who is below the age of eighteen. However, where a guardian administers the minor's property the age of majority is twenty-one.
B. A minor is not permitted by law to enter into a contract. Hence, where a minor enters into a contract with a major person, the contract is not enforceable. This effectively means that neither the minor nor the other party can make any claim on the basis of the contract.
C. In a contract with a minor, if the other party hands over any money or confers any other benefit on the minor, the same shall not be recoverable from the minor unless the other party was deceived by the minor to hand over money or any other benefit. The other party will have to show that (he minor misrepresented her age, he was ignorant about the age of the minor and that he handed over the benefit on the basis of such representation.
Facts Ajay convinces Bandita, a girl aged I8 that she should sell her land to him. Bandita's mother Chaaru is her guardian. Nonetheless Bandita, without the permission of Chaaru, sells the land to Ajay for a total sum of rupees fifty lakh, paid in full and final settlement of the price. Chaaru challenges this transaction claiming that Bandita is a minor and hence the possession of the land shall not be given to Ajay. Thus Ajay is in a difficult situation and has no idea how to recover his money from Bandita.
In order to defend the sale, Bandita will need to show that
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