Question
Download Solution PDFJustice Indu Malhotra penned a dissenting opinion in which of the following landmark judgements?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Entry of women to Sabarimala.
Key Points
- Entry of women to Sabarimala:-
- The Supreme Court on 28 September 2018 allowed entry of women of all ages into the Ayyappa temple at Sabarimala in Kerala.
- The SC said banning entry of women to Kerala's Sabarimala temple is gender discrimination and the practice violates rights of Hindu women.
- Justice Indu Malhotra penned a dissenting opinion Entry of women to Sabarimala.
- The court gave its verdict on a clutch of pleas challenging the ban on entry of women at Sabarimala in Kerala.
Additional Information
- Doctrine of Basic Structure:-
- It is a judicial principle developed by the Supreme Court of India in 1973.
- This principle emerged in the Keshavananda Bharati judgment.
- The Parliament of India is vested with the power of amending the Constitution (Article 368). But, the doctrine of basic structure restricts the powers of the Parliament.
- According to this, the Supreme Court has the power to declare any law void if it is found to be unconstitutional.
- Any amendment that tries to change the basic structure of the constitution is considered unconstitutional, though the term ';basic structure' is not mentioned in the constitution and has evolved over time.
- This principle thus helps to protect and preserve the spirit of the constitution document.
- Preamble' of the Indian Constitution -
- The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve.
- The importance and utility of the Preamble have been pointed out in several decisions of the Supreme Court of India.
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