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WASIM-UR-RAHMANAIR 157· 2025

Question Q11GS2GS2

The Basic Structure Doctrine, lauded for safeguarding the core principles of the Constitution against majoritarian impulses, is also criticised for enabling judicial overreach and disturbing the balance of power as envisioned by the Constitution. Elaborate.

Open scan (p.23)

Main Body

Basic Structure Doctrine was evolved by Supreme Court in Keshavananda Bharati case (1973) which safeguarded certain principles of constitution from amendment by legislature. Basic Structure safeguarding Constitution: 1) Federalism and the structure of polity is protected by basic structure. 2) Free and Fair elections as the cornerstone of democratic party is protected. - Indira Ghandhi vs Raj Narain case/1975 3) Secularity character of Indian polity as enshrined by constitution makers. - SR Bommai case, 1974 4) Welfare State character is protected

by Basic structure. Mimamighi code. 5) Separation of Power to protect from Tyranny of Majority. - Keshavananda Brari case. 6) protects Indian polity from being hijacked by Majoritarian governments. - Mfworva Hills case affirmed balance between Fundamental rights & DPs. However, BASIC structure doctrine is omeitted for 'judiciary overstepping inside', Guardian of the Constitution becoming Guardian over the Constitution: 1) Guardian over the Constitution 2) Popular Sovereignty which is the core of democratic polity is being undermined by Basic Structure 3) Resonds reConstitution of politico-social structure with the needs of time

172 words1 paragraphs

Topper

WASIM-UR-RAHMAN

AIR 1572025

Subject & Paper

GS2GS2

Topic

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

Basic Structure

Basic Structure Doctrine and its Implications

Writing Stats

172

Total words

1

Paragraphs

analytical

Tone