The basic structure doctrine of the Indian Constitution is a judicial innovation. Analyse.
Main Body
Supreme Court of India in Keshavananda Bharati Case (1973) came up with the basic structure doctrine. The Doctrine → The Supreme Court held the power of legislature to amend the constitution under Article 368. Given the basic structure of the constitution is not altered. Time to time Supreme Court highlighted through its pronouncements what constitutes the basic structure of Constitution. Evolution of the Doctrine: (Parliamentary and Cabinet amendment) Constitution → 17th Amendment Act (Shankar Case) → 24th Amendment Act (Amended Article 368) → Keshavannand Bharati Judgment (Declare of Basic Structure) Significance of Doctrine: → Acts as a check of state's overreach → Upholds the foundational values of our constitution → Basic philosophy of constitution remains unaltered → Allow constitutionalism to prevail at the end.
Con [is updated] as per need of time → Allow constitutionalism to prevail at the end Judicial Pronouncement regarding basic structure: → Judiciary has highlighted through judgments what constitutes basic structure → As of now federalism, secularism, rule of law, separation of power, judicial election etc are part of basic structure. Time and again as innovative judgments has ensured that the spirit of constitution is respected and Keshavannand Bharati case was one of the landmark judgment in the history of Indian Judiciary.
— Pakshal · AIR 8
Conclusion
31 words
Pakshal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine - Judicial Innovation
237
Total words
1
Paragraphs