Question 14GS2GS2
The basic structure doctrine of the Indian Constitution is a judicial innovation. Analyse.
Main Body
Supreme Court of India in Keshavananda Bharati Case (1973) came up with the basic structure doctrine. The DoctrineThe Supreme Court held the power of legislature to amend the constitution under Article 368. Given the basic structure of the constitution is not altered. Time to time Supreme Court highlighted through its pronouncements what constitutes the basic structure of Constitution. Evolution of the Doctrine: (Parliamentary and Cabinet amendment) Constitution17th Amendment Act (Shankar Case)24th Amendment Act (Amended Article 368)Keshavannand Bharati Judgment (Declare of Basic Structure) Significance of Doctrine:Acts as a check of state's overreachUpholds the foundational values of our constitutionBasic philosophy of constitution remains unalteredAllow constitutionalism to prevail at the end.
Con [is updated] as per need of timeAllow constitutionalism to prevail at the end Judicial Pronouncement regarding basic structure:Judiciary has highlighted through judgments what constitutes basic structureAs of now federalism, secularism, rule of law, separation of power, judicial election etc are part of basic structure. Time and again as innovative judgments has ensured that the spirit of constitution is respected and Keshavannand Bharati case was one of the landmark judgment in the history of Indian Judiciary.
206 words1 paragraphs
Conclusion
Time and again as innovative judgments has ensured that the spirit of constitution is respected and Keshavannand Bharati case was one of the landmark judgment in the history of Indian Judiciary.
31 words
Topper
Pakshal
AIR 82023Secretry
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine - Judicial Innovation
Writing Stats
237
Total words
1
Paragraphs