What two features of constitutional law are applicable with respect to the petitions described above? which cases serve as precedent on the matter? discuss these cases as well as the relevant provisions of the constitution to explain.
Question: What two features of constitutional law are applicable with respect to the petitions described above? which cases serve as precedent on the matter? discuss these cases as well as the relevant provisions of the constitution to explain.
In the context of constitutional law, two key features that are applicable to petitions are the writ jurisdiction under Articles 32 and 226 of the Indian Constitution and the doctrine of precedent. Article 32 provides the right to constitutional remedies which allows individuals to approach the Supreme Court directly in case of violation of fundamental rights. Similarly, Article 226 empowers the High Courts to issue certain writs for the enforcement of fundamental rights and for any other purpose. The doctrine of precedent, which is a fundamental principle in Indian jurisprudence, dictates that decisions made by higher courts are binding on lower courts, ensuring consistency and predictability in the law.
Landmark cases that serve as precedents in the matter of constitutional petitions include the case of Kesavananda Bharati v. State of Kerala, where the Supreme Court established the basic structure doctrine, which has been applied in subsequent cases like Indira Gandhi v. Raj Narayan and Minerva Mills v. Union of India. These cases have played a pivotal role in shaping the understanding and interpretation of the Constitution, particularly in matters related to its amendment and the fundamental rights of citizens. They underscore the dynamic nature of constitutional law and its ability to adapt to changing societal needs while upholding the core values enshrined in the Constitution.
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