The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
Main Body
Basic structure doctrine was introduced is the landmark Keshavananda Bharati case which laid down basic inviolable principles of the Indian constitution. [Acts as constitutional compass] Parliament legislative authority ⟷ Constitutional supremacy. (1) Powers to amend the constitution under limited key basic structure doctrine eg: Minerva Mills case → attire some down provisions of 42nd Amendment. (2) Systemic transgression in judicial independence of quasi way as basis structure (eg: S.P. Gupta case). (3) Changes in federal structure by laws eg: Part IX-B provision (Cooperative election) However certain actions are present with the doctrine: (1) may lead to judicial overreach. (2) work of practical judicial accountability is loose of independence. There is a need to Clarify and codify Basic structure doctrine.
— SURAMYA SHARMA · AIR 359
Conclusion
11 words
SURAMYA SHARMA
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure Doctrine
Constitutional Supremacy and Parliamentary Powers
258
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analytical
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