Question Q.11GS2GS2

The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.

Main Body

The Basic structure doctrine envisaged by Supreme court in the Kesh Vanarla Bharath case (1973) drew a fine balance between constitutional supremacy & parliament/A authority. Basic structure doctrineConstitutional compass a) Evolving doctrine with various judgements to accommodate changing (1973) landmark case. b) Inherent abrupt chaps in Constitution. Balancing for Parliament's authority & Constitutional supremacy: (1) Humbled constitutionalism as a basic premise of governance limiting arbitrary power (e.g.)(Raj Narain case). (2) Upheld fundamental rights of citizens against legislative interests of enacting them for social activity (e.g.) (Minerva Mills case). (3) Present the federal structure & state balancing legislative decentralisation (e.g.) (CSR Bommai case 1994). (4) Limit undue legislative into sedition process while upholding constitutional morality (e.g.)(Sabrimote temple case). (5) Allows legislative scrutiny & amendment upholding [Doctrine of Hammer GD Comptroller] (e.g.) (Minerva Mills upheld partial amendment). Somehow it is said to distil the balance in such ways: (1) Judicial overreach in to legislate where in case of Basic structure doctrine (e.g.) (Abolish NDAC, 99th Amendment). (2) Advancements in executive sphere by passing orders under Act 142 for upholding the doctrine (e.g.) (Remedial Sight Security).

Somehow it is said to distil the balance in such ways: (1) Judicial overreach in to legislate where in case of Basic structure doctrine (e.g.) (Abolish NDAC, 99th Amendment). (2) Advancements in executive sphere by passing orders under Act 142 for upholding the doctrine (e.g.) (Remedial Sight Security). (3) Limit the vices mandate to legislate by limiting amendment power. Way forward to fine tune the balance: (1) Judicial precedent in case necessitating legislature authority (e.g.) - Same sex marriage case. (2) Ethical legislation by parliament that regarded basic structure doctrine (e.g.) (Do Sanit & Hammusola Composition) (Minerva Mills upheld partial amendment). (3) Consensus can be built on codification of basic structure as per law compendium. The fine balance of legislative power & constitutional authority is the premise of our democracy. How it should be maintained following the principles enshrined in our preamble.

331 words1 paragraphs

Conclusion

The fine balance of legislative power and constitutional authority is the premise of our democracy. How it should be maintained following the principles enshrined in our preamble.

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Page 23

Topper

SUNAWARDEEP SINGH MASOUN

AIR 762025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Basic Structure Doctrine

Balance between Legislative Authority and Constitutional Supremacy

Writing Stats

358

Total words

Paragraphs

analytical

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