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
It is the pinnacle of judicial creativity. Positivity: • Averted despotism • SC weaponed NJALAL bills due to it encroaching upon basic fact of judgment scrutiny • Maintaining unity of nation & minority rights • In S.R. Bommai case, Federalism & secularism were marked part of basic structure • Acts as north star of constitutional recalls • Helps in maintaining credentials of constitution as mentioned by Forcaults • Keeps the vision of founders' letter alive Issues: • Basic structure was basically made by ADR Non skilled judiciary • Bureaucracy by the people, and unelectrified judges can't decide what a democratic constitution should be. • Constitution should be dynamic and ideals change with time • Judicialpism issue. Interfering in vigour Sabnula Cape. • Issue of judicial overreach: - Liquor ban on highways However: Basic structure has time & again power effective to uphold rights of noises under article (18), (32) and (226) via Judicial review. This upholds court's upholstery as defender of constitution.
LAKSHAY AGGARWAL
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Significant Provisions
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