Critics assert that limitless judicial authority rests on the structural ambiguity of the basic structure doctrine. Has the elastic nature of the basic structure doctrine made the judiciary more powerful than envisaged?
Main Body
B.S. is to protect Constitution from arbitrary amendments by legislature [Diagram showing 'Arguments against' with two branches:] - It makes the Constitution (not the judiciary) more powerful - Amendments can still be made provided they do not infringe upon the essence of fundamental rights Thus, although of the basic structure doctrine is a judicial construct, it has played a seminal role in protecting the Constitution and fundamental rights of citizens.
Conclusion
Thus, although of the basic structure doctrine is a judicial construct, it has played a seminal role in protecting the Constitution and fundamental rights of citizens.
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Diagram
Flow chart showing Arguments against with two branches: judiciary's protection of Constitution and permissibility of amendments within limits of fundamental rights
RUHANI
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Judicial Power and Constitutional Interpretation
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analytical
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