Question Q.11GS2GS2
The Basic Structure Doctrine, lauded for safeguarding the core principles of the Constitution against majoritarian impulses, is also criticized for enabling judicial overreach and disturbing the balance of power as envisioned by the Constitution. Elaborate.
Main Body
Keshananda Bharati case was a milestone moment in Indian judicial system with emergence of Basic Structure Doctrine. Key features of Doctrine (non-exhaustive) -> (1) Secularism, Democratic, Republic, Sovereignty -> (2) Independence of judiciary -> (3) Free and fair elections -> (4) Welfare State -> (5) Bicameralism, Federalism Lauded for safeguarding core principles (1) Applied in 44th Amendment (Indian Judicial service) to maintain independence of judiciary; declared null and void.
2Prevents tyranny and despotism of State through Restrictions on amended (eg - Article 31C) void by Mimewa Mills case) (3) Checks and balances on legislative action to protect fundamental rights (eg - Wamman Rao case) (4) Ensures limited amendment and 11th Schedule regulating (eg - IE Coelho) Criticised for judicial overreach (1) Arbitrary structure with no codification of basic structure (2) Unilateral distribution of powers through legislature domain work cog) QMAP set up for pollution or Anoop Baranwal case on CTC appointed. (3) Secularism is principled distance often observe over-reach and enthuziasm (eg - Triple Talaq unconstitutional) Disturbance of Power (1) Against Separation of Power doctrine where legislative action regulated (eg - invalidates legislative action) (2) Legitimization Limited to acceptance lack of accountability eg over-ruling National capital Delhi admin service agreement. (3) 94 Schedule and Article 368 shall allow amendment of Constitution, enabled by Basic Structure Doctrine (?) excessive power to legislature Hence, Basic Doctrine is a judicial innovation, level has blurred SOP line, in federalism (SC Bar vs UOI) and needs judicial Redressal.
244 words1 paragraphs
Topper
MUDITA BANSAL
AIR 442024
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine and judicial review
Writing Stats
244
Total words
1
Paragraphs
analytical
Tone