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.
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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
WASIM-UR-RAHMAN
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine and its Implications
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analytical
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