Basic structure doctrine has prevented the Parliament, a creature of the constitution, from becoming the master of the constitution. Discuss this statement with the help of relevant case laws.
Introduction
Basic structure doctrine was called out by Supreme Court in 'Kesavananda Bharati' case 1973 to limit the amending power of Parliament under Article 368.
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Main Body
Basic structure doctrine - Parliament as Creature of Constitution rather the master: (1) Idea of Constitutionalism - Reinforcing Constitutional supremacy - encompassing limits on Parliaments lawmaking power Rame Swarup Prasd case - Constitutionalism over Parliament supremacy (2) Fundamental Rights - limitation on power of legislature: - 42nd constitutional amendment giving Primacy to Directive principles over Fundamental rights Order Article 31. (3) Respecting Fundamental values of Constitution makers: - Idea of Secularism, Rule of law as basis For governance. (4) Implication by Federal principles: S.R. Bommai case - Federalism as limitation on Parliament power Under Article 246 By Subsequent Judicial Precedents: Basic structure doctrine was enlarged making it as checks and balance on power of Parliament ensuing Balance across organs of state.
Conclusion
The prevents Parliament from becoming master of constitution by enforcing mutual checks and Balance across organs of state.
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MUTHUARASI M
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine and Judicial Interpretation
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