Scribd
Upload
10 views1 page

Basic Structure

Uploaded by

Mustafizur Rahman Deputy Manager
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
10 views1 page

Basic Structure

Uploaded by

Mustafizur Rahman Deputy Manager
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Doctrine of Basic Structure

In every constitution there are some fundamental elements those are considered as the main
components of the constitution. If those elements are changed, contradicted or violated, the main
purpose of the constitution can be hampered.
Therefore, in most of the constitution there are provisions those are ousted from amendment and
are specially protected by the constitution itself. Those provisions are considered as the basic
structure of the constitution.

In Golaknath v. State Of Punjab (AIR 1967 SC 1643) the Court held that the parliament has no
right to amend the fundamental right. The decision was given on the 24th Amendment to their
constitution which provides that, “With the executive and constitutional power government can
amend any provision of the constitution”.
But in Kasabanka Bharati vs State of Kerala, it was held that “Parliament can amend any
provision including fundamental rights of the constitution but it cannot amend the provisions of
the constitution which strikes the basic structure.”

In Bangladesh, by the 8th amendment, the legislative among other changed Article 100 of the
constitution which decentralized the judiciary by setting up six permanent benches of the High
Court Division outside Dhaka. This amendment to art 100 of the Constitution resulting
establishment of permanent seats of HCD was questioned and challenged in the case of Anwar
Hossain Vs Bangladesh, 41 DLR (AD 130). The case finally reached to the appellate division
of the Supreme Court of Bangladesh and finally, the court recognized article 100 of the
Bangladesh Constitution as part of the Basic Structure and the basic structures of the constitution
cannot be amended. This is the first judgment whereby the Supreme Court of Bangladesh stroke
down an amendment to the constitution made by the parliament.

Following the decision of Anwar Hossain Vs Bangladesh, 41 DLR (AD 130), by the fifteenth
amendment in 2011 article 7B was inserted in the Constitution to end the takeover of power
through extra-constitutional means. Article 7B of Constitution says that Preamble, Part I, II
subject to provisions of Part IXA (Emergency provisions) and Part III and other provisions of
articles relating to the basic structures of constitution including article 150 of part XI shall not be
amendable by way of insertion, modification, substitution, repeal or by any other means provided
by article 142 of the constitution of Bangladesh.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy