Question Q.11GS2GS2
Discuss the core principles of the Constitution against judicial overreach and disturbing the balance of power as envisioned by the Constitution. Elaborate.
Main Body
The basic structure doctrine was called the 'North Star of the Indian Judiciary' by Justice DY Chandrachud. Brought by the Kesavananda Bharati's judgement by Justice Mudaliar, it has following components: Rule of Law(Basic Structure)FederalismSecularismSeparation of powers Basic structure as a safeguard of the Indian Constitution 1. Protect the core principles of the constitution. Rig Manoj Gandhi judgement upheld... 2. Prevent conflict between legislature & judiciary Rig Kesavananda Bharati judgement brought an end to [unclear] government clearance of CAA case & enactment of 24 & 25 CAA. 3. Helps in understanding the needs of constitution markers. Rig SR Bomma declares federalism & secularism as part of basic structure. 4. Helps SC acts [fulfill] duty of being ultimate interpreter of the constitution. Rig Minerva Millsbalance b/w legislature & pdi judiciary However, sometimes leads to judicial overreachdisturbing separation of powers 1. Basic structure is not mentioned in the constitution & is a [judicial innovation]. 2. Uses the power of the parliament to exercise Article 368 & make amendments.for eg, second amendment 97, in cooperation cleared in constitutional morality. 3. Used by judiciary for its own guani sometimes. Rig 99 en CPA strict dam NTAC for collegium system. 4. Dynamic & ever evolving gives un-ending powers to the judiciary.balance to be established between executive & judiciarySOP can be applied to prevent misuse.
236 words1 paragraphs
Conclusion
Hence, basic structure continues to be the guiding light of breaking peace between legislature & executive.
16 words
Diagram
Hierarchical diagram showing Basic Structure with components: Rule of Law, Federalism, Secularism, Separation of Powers
Topper
Ria Kaur Sethi
AIR 892024
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Judicial Review and Constitutional Constraints
Writing Stats
252
Total words
1
Paragraphs
analytical
Tone