Basic structure doctrine has prevented the Parliament, a creature of the constitution, from becoming the master of the constitution. Discuss this statement with the help of relevant case laws.
Introduction
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Main Body
Basic structure doctrine - Parliament as Creature of Constitution rather the master: (1) Idea of Constitutionalism - Reinforcing Constitutional supremacy - encompassing limits on Parliaments lawmaking power Rame Swarup Prasd case - Constitutionalism over Parliament supremacy (2) Fundamental Rights - limitation on power of legislature: - 42nd constitutional amendment giving Primacy to Directive principles over Fundamental rights Order Article 31. (3) Respecting Fundamental values of Constitution makers: - Idea of Secularism, Rule of law as basis For governance. (4) Implication by Federal principles: S.R. Bommai case - Federalism as limitation on Parliament power Under Article 246 By Subsequent Judicial Precedents: Basic structure doctrine was enlarged making it as checks and balance on power of Parliament ensuing Balance across organs of state.
— MUTHUARASI M · AIR 225
Conclusion
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MUTHUARASI M
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine and Judicial Interpretation
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