Question Q.11GS2GS2
The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
Main Body
Basic Structure Doctrine BED is a judicial innovation created by SC in Keshwananda Bharti 1973 case. BED acts as constitutional compass in balancing legislative authority and constitutional supremacy: 1) Ensures Principles of Check and BalanceParliament's power to pass No-confidence motion against Executive 2) Guardian of Rule of Law: Parliament cannot interfere with Judicial Independence (NFTAC Call 2015) 3) Protect Core Value of Legitimization legislative upheaval. BED has its own sets of issues: 1) Perceived as Judicial overreach in domain of legislative competence 2) Difficult to maintain balance 3) Conflict with Social Morality (eg.) Sabrimala case varied protests Way Ahead: 1) Judicial Restraint by Judges 2) Legislative Reformsdebate and discussion before passing bill (NCRWC recommendation of 120 days of sitting for year)Pre-legislative Consultation mechanism BED exists at core of Constitutional supremacy and upholds 't' in National interest.
142 words1 paragraphs
Conclusion
BED exists at core of Constitutional supremacy and upholds 't' in National interest.
13 words
Topper
MADHVENDRA PRATAP SINGH
AIR 1532025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine
Writing Stats
155
Total words
1
Paragraphs
analytical
Tone