The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
Introduction
Basic Structure Doctrine was invented by Supreme Court in Keshananda Bharathi Case (1973), it meant those permanent which cant be touched under art 368 (amending power) of parliament
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Main Body
Balancing parliaments authority and constitutional supremacy: Empowering parliament to bring fast amendments violating fundamental rights (art 19-32) without touching BS. 44th amendment secured right to property (art 31) from part III. Preventing change to case features of constitution. Arbitrarily decided on case to case basis. No defrosting of BS. Can help in judicial overreach. (Codification of BS by super court. Clear definition of basic structure. Thus, Basic structure has helped the state balance fundamental rights of people & rights of society (by parliament).
Sakshee Mishra
Indian Constitution - Basic Structure
Basic Structure Doctrine and Parliamentary Sovereignty
Balancing Legislature and Constitutional Limits
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analytical
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