Question Q.11GS2GS2

The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.

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Answer Strengths Keywords

Main Body

Basic Structure Doctrine – Evolved by the SC in multiple cases after the landmark Keshavanand Bharati Case (1973)

Paj Narain Case (1975)

Memaka Gandhi Case (1996)

Minesva Mille Case (1980)

Bommai Case (1994)

Koellio Case (2009)

Features of BS:

Parliamentary Democracy

Secularism

Fundamental Rights

Federal Structure

Independence of Judiciary

Constitutional Compass in balancing Parliament's legislative Authority & constitutional Supremacy

Parliament alone is empowered to make laws at the central level ← ensure will of the people

However, BS doctrine prevents Parliamentary laws from:

Violating FR's

being repugnant to Constitutional provisions

violating Doctrine of Pith & Substance

Judicial Supremacy of the US & Parliamentary sovereignty of UK – BS doctrine ensures this by emphasizing the supremacy of Constitution above all

← laws/bye-laws can't exceed the constitutional framework

← Central govt/Parliament can-not encroach the legislative competence of State legislatures

Power of Judicial Review – empowered SC/HCs to examine & the constitutional validity of laws. This leads to ← confidence in the Parliamentary System ← credibility/legitimacy of laws

182 words5 paragraphs17 bullet points

Conclusion

Indian Polity – a synthesis between Judicial Supremacy of the US & Parliamentary sovereignty of UK – BS doctrine ensures this by emphasizing the supremacy of Constitution above all

29 words

Clear articulation of the doctrine's role
Effective comparison with other constitutional systems
Explains the balance between legislative and judicial powers

Open original scan

Page 23

Topper

ADITYA PATHAK

AIR 1892025

Subject & Paper

GS2GS2

Topic

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

Basic Structure

Basic Structure Doctrine

Writing Stats

211

Total words

Paragraphs

Bullets

analytical

Tone