Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Constitutional Identity
Constitutional & Public Law Doctrines
Definition
The distinct, permanent moral and structural character of the Indian Constitution (comprising republicanism, democracy, fundamental freedoms, and secularism) that must remain preserved and cannot be superseded even through formal constituent amendments.
Example
In Minerva Mills v. Union of India, the Supreme Court held that the harmony and balance between Fundamental Rights and Directive Principles is an essential part of the constitutional identity that Parliament cannot destroy.