Question Q1Critically examineGS2GS2

The biggest critique of Basic Structure doctrine from its inception has been it being shrouded in confusion, vagueness and a formulation which is loose and not precise. Critically examine.

Main Body

The Basic Structure Doctrine comes from Supreme Court's ruling in 1973 in the Kesavananda Bharati Case. SC ruled that Parliament could amend any provision of the Constitution, provided it doesn't alter the basic structure of the Constitution. Thus, it is a judicial innovation, not a constitutional mandate. It is a means to preserve the founding fathers' vision of Indian Polity.

The SC defines at, and broadens it, from time to time -

FSC in S.R. Rommai case, SC said secularism and federalism are part of basic structure.

In IR Coelho case, SC said Judicial Review is a part of basic structure.

However, the biggest criticism for basic structure comes from its vagueness

Not defined anywhere. Depends on the need/interpretation of judiciary.

Can be used for judicial overreach

Innovative inclusions in basic structure may be used by judiciary (not a popular body) to counter laws made by Parliament (people's representative).

Even the inclusions are not precise [] What constitutes secularism? Definitions can change overtime.

Judiciary often overturns its verdicts (eg. LGBTQ rights own the years) Similar confusion can occur over basic structure

189 words3 paragraphs

Conclusion

The basic structure doctrine by the judiciary should only be used in harmony with the laws and as a counter measure only to protect rights of the people.

28 words

Answer continues on next page

Examiner score

1.34/10

Open original scan

Page 3

Topper

GAURAV OJHA

AIR 2042025

Subject & Paper

GS2GS2

Topic

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

Basic Structure

Critique and Vagueness of Basic Structure Doctrine

Writing Stats

217

Total words

Paragraphs

analytical

Tone