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Let's consider a common scenario: A couple has a fight, and in the heat of the moment, the husband says, "I return you to your parents." Later, he claims that he didn't mean it as a divorce; he just wanted his wife to have some space to calm down. In this case, his stated intention would be taken into consideration, and it might not be considered a *talak*. On the other hand, if the husband had been planning to divorce his wife and used this phrase as a way to subtly communicate his decision, it could be interpreted as a *talak*, especially if there's other evidence to support that interpretation. The role of *niyyah* helps ensure fairness and prevents misunderstandings.
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The *Kesavananda Bharati* ruling created a *balancing act*. It affirmed the Parliament's power to amend the Constitution. However, it placed restrictions on this power to protect the fundamental features of the Constitution. The Supreme Court, therefore, became the final arbiter of what constitutes the basic structure. This ensures that the fundamental rights and the core principles of the Constitution remain intact. The *Kesavananda Bharati* case fundamentally changed the way we view constitutional amendments. It is a critical aspect of understanding Article 13.
