The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
Main Body
Basic Structure doctrine was first discussed in I.C. Golaknath Case but it was finally consolidated in Keshavananda Bharti Case, 1973. Not codified - Facts & can't be amended, upheld has principle of Constitution. Basic Structure Doctrine act as Constitutional Compass - upheld by the Judiciary, judiciary acts as guardian of the Constitution, ensure people's trust in the Constitution, give relative freedom to the parliament. It has Balanced Parliament's legislative Authority: (1) Wide Interpretation of Art 368 Amending power of constitution Parliament - can amend any part even FR. (2) Governed earlier judicial cases like Golaknath Case - FR can't be amended. (3) Gave scope of DPSP implementation to the Parliament - Art 39bc > Art 14,19, 31. It has also upheld the Constitutional Supremacy: (1) Judicial cases to define the Basic Structure case wide - ensured comprehensive definition. (2) upheld Federalism, Secularism, Separation
SURABHI YADAV
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure Doctrine
Basic Structure as Constitutional Safeguard
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analytical
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