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
The Supreme Court came up with the judicial innovation of Basic Structure Doctrine in the Kesarananda Bharati Case, 1973. Core Principles of Constitution:federationfree & fair electionseparation of powersjudicial reviewsecularismindependent judiciary SAFEGUARDS: (1) The doctrine prevents breach of separation of powers as envisioned under Article 50 land between legislative & judiciary. (2) It upholds the power of judicial review (3) Upheld that it constitutional supremacy was foremost and every law can be judicially reviewed in JK Cello Case.
to prevent tyranny of majority and protect democratic rules. eg. ruling the electoral bond scheme as illegal in ADR v UoI case (2023). (3) Promotion of secular ideals. eg SR Bommai case. (4) Protecting federal features by countering misuse of President's Rule. eg SR Bommai Case and WRIT (5) Upheld that it constitutional supremacy was foremost and every law can be judicially reviewed in JK Cello Case. JUDICIAL OVERREACH: (1) This breaches separation of power as envisioned under Article 50 between legislature & judiciary. (2) Lam making orientation of judiciary can raise questions on non-partisan nature of judiciary. eg case of Andhta High Court against Andhta govt. (3) Can also raise questions on non-partisan nature of judiciary. eg case of Andhta High Court against Andhta govt.Preventing tyranny of majority should not lead to byrant of unelected judges. (6) Misuse of Article 142 to do 'Complete Justice'separation of powers is a part structure, cannot be fully for democratic functioning.
251 words1 paragraphs
Diagram
Mind map showing Core Principles of Constitution at center, with branches extending to federation, free & fair elections, separation of powers, judicial review, secularism, and independent judiciary.
Topper
PRASTUTI UPADHAYA
AIR 842024MGP
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine: safeguards and criticisms
Writing Stats
251
Total words
1
Paragraphs