The Basic Structure Doctrine, lauded for safeguarding the core principles of the Constitution against majoritarian impulses, has been criticized for enabling judicial overreach and disturbing the balance of power as envisioned by the Constitution. Elaborate.
Main Body
Basic Structure Doctrine is the set of basic principles on which the soul of constitutional tenets lie. It represents immutable portion that are identity of Indian Constitution. Evolution: • Shankari Nased Case • Supreme Court SC said legislature can amend anything to constitution Golaknath Case: • SC called Fundamental Rights to be sacrosanct. 44th constitutional amendment tried to alter rights Keshvananda Bharati Case finally: • Made SC nook basic structure which couldn't be amended via laws no ideals like welfare state
LAKSHAY AGGARWAL
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Significant Provisions
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