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MUDITA BANSALAIR 44· 2024

Question Q.11GS2GS2

The Basic Structure Doctrine, lauded for safeguarding the core principles of the Constitution against majoritarian impulses, is also criticized for enabling judicial overreach and disturbing the balance of power as envisioned by the Constitution. Elaborate.

Open scan (p.23)

Main Body

Keshananda Bharati case was a milestone moment in Indian judicial system with emergence of Basic Structure Doctrine. Key features of Doctrine (non-exhaustive) -> (1) Secularism, Democratic, Republic, Sovereignty -> (2) Independence of judiciary -> (3) Free and fair elections -> (4) Welfare State -> (5) Bicameralism, Federalism Lauded for safeguarding core principles (1) Applied in 44th Amendment (Indian Judicial service) to maintain independence of judiciary; declared null and void.

2Prevents tyranny and despotism of State through Restrictions on amended (eg - Article 31C) void by Mimewa Mills case) (3) Checks and balances on legislative action to protect fundamental rights (eg - Wamman Rao case) (4) Ensures limited amendment and 11th Schedule regulating (eg - IE Coelho) Criticised for judicial overreach (1) Arbitrary structure with no codification of basic structure (2) Unilateral distribution of powers through legislature domain work cog) QMAP set up for pollution or Anoop Baranwal case on CTC appointed. (3) Secularism is principled distance often observe over-reach and enthuziasm (eg - Triple Talaq unconstitutional) Disturbance of Power (1) Against Separation of Power doctrine where legislative action regulated (eg - invalidates legislative action) (2) Legitimization Limited to acceptance lack of accountability eg over-ruling National capital Delhi admin service agreement. (3) 94 Schedule and Article 368 shall allow amendment of Constitution, enabled by Basic Structure Doctrine (?) excessive power to legislature Hence, Basic Doctrine is a judicial innovation, level has blurred SOP line, in federalism (SC Bar vs UOI) and needs judicial Redressal.

— MUDITA BANSAL · AIR 44

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Topper

MUDITA BANSAL

AIR 442024

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Basic Structure

Basic Structure Doctrine and judicial review

Writing Stats

244

Total words

1

Paragraphs

analytical

Tone

Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine