Crisp Content - Civil Services (UPSC/IAS)

Useful ? Let’s help each other by sharing! Goverment imposed indefinite shutdown on internet services in the erstwhile state of J & K after it was bifurcated into two union territories and withdrew its special status. It raised the following concerns about violation of the rights: 1. Right to free speech and expression : It violates Fundamental right under 19 since right to access internet is inherent to freedom of expression especially , media could not report due to shutdown violating freedom of 'press’. 2. Right to life and personal liberty : Internet shut down cause economic losses, People could not work from home depriving " Right to livlihood ". 3. It deprived them of " Right to health " as the doctors can not access latest information and treatment about COVID-19. 4. “Right to education " - students cannot access internet to continue their studies during lock down. Government's arguements: 1. Security of the State - It was imposed to curb the...

Useful ? Let’s help each other by sharing! Answer: Basic structure is a set of fundamental rights and nature of the constitution which cannot be abridged through amendment by the parliament. The concept of the basic structure was first introduced by the supreme court in the Kesavananda Bharati case, 1973. After that the basic structure evolved and well established through the Indira Gandhi case, Minerva Mills case, and Waman Rao case among others. Elements of the basic structure: There is no proper definition of what constitutes the basic structure of the constitution given either by the parliament or the judiciary. But the judiciary in number of cases had listed some basic structures which are as follows: Supremacy of the Constitution Sovereign, democratic and republican nature of the Indian polity Secular character of the Constitution Federal character of the Constitution Unity and integrity of the nation Welfare state Judicial review Basic structure and c...