Question Q.11GS2GS2
The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
Main Body
Basic Structure Doctrine – Evolved by the SC in multiple cases after the landmark Keshavanand Bharati Case (1973)
Paj Narain Case (1975)
Memaka Gandhi Case (1996)
Minesva Mille Case (1980)
Bommai Case (1994)
Koellio Case (2009)
Features of BS:
Parliamentary Democracy
Secularism
Fundamental Rights
Federal Structure
Independence of Judiciary
Constitutional Compass in balancing Parliament's legislative Authority & constitutional Supremacy
Parliament alone is empowered to make laws at the central level ← ensure will of the people
However, BS doctrine prevents Parliamentary laws from:
Violating FR's
being repugnant to Constitutional provisions
violating Doctrine of Pith & Substance
Judicial Supremacy of the US & Parliamentary sovereignty of UK – BS doctrine ensures this by emphasizing the supremacy of Constitution above all
← laws/bye-laws can't exceed the constitutional framework
← Central govt/Parliament can-not encroach the legislative competence of State legislatures
Power of Judicial Review – empowered SC/HCs to examine & the constitutional validity of laws. This leads to ← confidence in the Parliamentary System ← credibility/legitimacy of laws
— ADITYA PATHAK · AIR 189
182 words5 paragraphs17 bullet points
Conclusion
Indian Polity – a synthesis between Judicial Supremacy of the US & Parliamentary sovereignty of UK – BS doctrine ensures this by emphasizing the supremacy of Constitution above all
29 words
- Clear articulation of the doctrine's role
- Effective comparison with other constitutional systems
- Explains the balance between legislative and judicial powers
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Topper
ADITYA PATHAK
AIR 1892025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine
Writing Stats
211
Total words
5
Paragraphs
17
Bullets
analytical
Tone