KM

Kush MotwaniAIR 11· 2023

Question 6GS2GS2

Discuss the role of the Indian Constitution being 'unlimited judicial warranty' rests on structural ambiguity of 'Basic Structure Doctrine'.

Open scan (p.26)

Introduction

Justice Hegde - unidentified. Over the years, various judgements, it includes:

11 words

Main Body

Doctrine asserts that Parliament has unlimited amending power so long as it does not violate/abridge the Basic Structure. The Basic Structure Doctrine was originated very in the Kesavananda Bharati case 1973 and relates to the amending power of Parliament. Doctrine asserts that Parliament has unlimited amending power so long as it does not violate/abridge/contravene the Basic Structure. The Basic Structure is an 'idea in the minds of judges' - unidentified. Over the years, various judgements, it includes: Rule of law, Free speech democracy, Separation of powers, Independent judiciary, Implied review

Hence Civics allege that unless judicial warranty rests on structural ambiguity of BS D. 1. Unclassified nature - Constitutional silence - something which the Constitution is silent on, and yet imposes restriction on govt action either if against essential facets of constitution. 2. Constitutional silence - something which the Constitution is silent on and yet imposes restriction on govt action either if against essential facets of constitution. 3. Basic Structure is one of the 'constitutional silence' in India (other being 'Constitutional morality'). 4. Both are in hands of judiciary. 5. It may lead to judicial overreach. 6. It is referred to as 'gymnast of the world' (as Executive is accountable to Legislature, but not the Judiciary). 7. Potential violation of separation of powers as low-making is domain of legislature.

219 words1 paragraphs

Conclusion

'Constitutional confusion': - via PILs - eg People have begun to aggressively pursue cases for policy matters.

17 words

Diagram

Diagram showing Basic Structure with branches: Rule of law, Free speech, Democracy, Separation of powers, Independent judiciary, Implied review, ETC.

Topper

Kush Motwani

AIR 112023

Subject & Paper

GS2GS2

Topic

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

Basic Structure Doctrine

Judicial interpretation and constitutional limits

Writing Stats

247

Total words

1

Paragraphs

critical, analytical

Tone