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RUHANIAIR 5· 2023

Question Q.12GS2GS2

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?

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Main Body

Rule of law - Indira Sawhney case, 1992 - Judicial review - Kihotto Hollohan case, 1993 - Federalism, Secularism - S.R. Bommai case, 1994 Unity and integrity of India, Social justice - Equality - Nagaraj case (2006) Thus, various case laws have expanded the concept of basic structure. BASIC STRUCTURES HAS MADE JUDICIARY MORE POWERFUL THAN EXECUTIVE Judiciary can strike down any law as per its understanding of basic structure. NTC case struck down as 'Independence of judiciary' is part of basic structure. [Diagram showing 'Arguments in favour' with two branches:] - It makes judiciary the sole interpreter of Constitution - It allows judiciary to maintain checks and balances

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.

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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.

26 words

Diagram

Flow chart showing Arguments against with two branches: judiciary's protection of Constitution and permissibility of amendments within limits of fundamental rights

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Topper

RUHANI

AIR 52023

Subject & Paper

GS2GS2

Topic

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

Basic Structure

Judicial Power and Constitutional Interpretation

Writing Stats

206

Total words

1

Paragraphs

1

Bullets

analytical

Tone