Question Q.1GS2GS2

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.

Main Body

Supreme Court in Keshavananda Bharati Case (1973) propounded the doctrine of 'Basic Structure' to establish a balance between Fundamental rights and Directive principles & implementation. Secularism, Federalism, Separation of powers → Basic Structure & features → Independence of Judiciary etc. Basic Structure doctrine curbing powers of Parliament: 1) Keshavananda Bharati Case (1973): Parliament can enact laws to give implement directive principles but the rights under article 19,20,21 should not be abridged.

2S.R. Bommai Case: Secularism is a basic feature of Constitution. 3) Fourth Judges Case (2015): SC nullified 99th Constitution Amendment Act NJAC as it violated independence of judiciary. However, Supreme Court has also been criticised for open-ended nature of the doctrine. There are no defined principles thus, confusing the powers of judiciary limitlessly. Judiciary is also criticised from being immune to any similar scrutiny.

— Vishwajeet Gupta · AIR 67

136 words1 paragraphs

Conclusion

Nonetheless, experts on constitutional matters have supported the doctrine as it had time and again rescued the Constitution from legislative excesses. (- Justice F.S Nariman)

25 words

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Vishwajeet Gupta

AIR 672025

Subject & Paper

GS2GS2

Topic

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

Basic Structure

Basic Structure Doctrine

Writing Stats

161

Total words

Paragraphs

academic

Tone

Linked PYQ

Basic tenets of structural-functionalism

10M2017Write notes