In a democracy, constitutional provisions must always compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
Main Body
The Basic Structure Doctrine (BSD) was established by Supreme Court in Keshavananda Bharti case to limit parliament imposition and preserve constitutional supremacy.
Justice underlying Rule of Law Fundamental Rights => Basic Features => Secularism Constitutional Supremacy => Federalism Separation of Powers.
BSD as a constitutional compass.
Even (Aminadhan Singh Case)
(II) (i) Reserves Rule of Law, against executive dominance.
(Er) (Indore Sanctuary Case) Upheld notion.
(A) Against foundational values and substance of constitution => IR cool no intra schedule law also justiciable.
(B) Ensuring judicial independence - NTAC (BVE 2014) from parliamentary infringement also.
(D) Recent mandamus to president on federalism objected as breaching constitution.
Hence Basic Structure is a highly essential principle and a unique principle, but its use now be limited to constitutional amendment - as indicated by 97 Chandamni case.
Conclusion
Hence Basic Structure is a highly essential principle and a unique principle, but its use now be limited to constitutional amendment - as indicated by 97 Chandamni case.
28 words
Diagram
A circular/cloud diagram showing 'Basic Features' in center, with branches to: Judicial independence, Rule of Law, Fundamental Rights => Basic Features => Secularism, Constitutional Supremacy, Federalism, Separation of Powers
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Page 23
PRACHET
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine and Constitutional Supremacy
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analytical
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