Question Q.1GS2GS2
Basic structure doctrine has prevented the Parliament, a creature of the constitution, from becoming the master of the constitution. Discuss this statement with the help of relevant case laws.
Main Body
Supreme Court in Keshavananda Bharati Case (1973) propounded the doctrine of 'Basic Structure' to establish a balance between Fundamental rights and Directive principles & implementation. Secularism, Federalism, Separation of powersBasic Structure & featuresIndependence of Judiciary etc. Basic Structure doctrine curbing powers of Parliament: 1) Keshavananda Bharati Case (1973): Parliament can enact laws to give implement directive principles but the rights under article 19,20,21 should not be abridged.
2S.R. Bommai Case: Secularism is a basic feature of Constitution. 3) Fourth Judges Case (2015): SC nullified 99th Constitution Amendment Act NJAC as it violated independence of judiciary. However, Supreme Court has also been criticised for open-ended nature of the doctrine. There are no defined principles thus, confusing the powers of judiciary limitlessly. Judiciary is also criticised from being immune to any similar scrutiny.
136 words1 paragraphs
Conclusion
Nonetheless, experts on constitutional matters have supported the doctrine as it had time and again rescued the Constitution from legislative excesses. (- Justice F.S Nariman)
25 words
Topper
Vishwajeet Gupta
AIR 672025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine
Writing Stats
161
Total words
1
Paragraphs
academic
Tone