Question Q.12GS2GS2
Keshavananda Bharati case (1973) was the landmark in constitutional history as Supreme Court formulated the basic structure doctrine.
Main Body
Keshavananda Bharati case (1973) was the landmark in constitutional history as Supreme Court formulated the basic structure doctrine. It states that parliament (constituent power of parliament) can't amend basic features fundamental of constitution. Limitless judicial authority due to checkup and ambiguity of basic structure doctrine - Judiciary has power to define what are the basic structure of constitution - Various judgements like Indira Gandhi v. Raj Narain (1975), Minerva Mills case (1980) Indira Sawhney caseSupreme court used power to strike down parliamentary legislating. - There is no clear definition thus more flexibility with judiciary
Judicial review has been stated as basic feature which can't be amended. Basic structure doctrine made judiciary more powerful than executive Yes - Judicial review power of judiciary → to strike down unconstitutional executive action - Judiciary put limitations on the executive of executive power - Judicial activism role emanating from Article 32 (basic feature) - PIL mechanism → directing for executive for taking actions - NCT Bill was struck down by judiciary as against federal principle No - Constitution founded on bedrock of separation of power (basic structure) - President has the final approval in judiciary appointment - Parliament and executive can take any constitutional action within limits without violating basic structure. - Judicial decisions can be overturned by parliament legislation - Judicial decisions in form of directions, not overriding on executive power Eg. In Manipur crisis, SC asked govt to take action, if not then will intervene. Indian constitution proposes separation of power but with checks & balances
257 words1 paragraphs1 bullet points
Conclusion
Indian constitution proposes separation of power but with checks & balances
11 words
Topper
Nidhi Goyal
AIR 912023
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Significant Provisions
Writing Stats
268
Total words
1
Paragraphs
1
Bullets
analytical
Tone