Question Q.11GS2GS2
The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
Main Body
Basic structure doctrine was introduced is the landmark Keshavananda Bharati case which laid down basic inviolable principles of the Indian constitution. [Acts as constitutional compass] Parliament legislative authority ⟷ Constitutional supremacy. (1) Powers to amend the constitution under limited key basic structure doctrine eg: Minerva Mills caseattire some down provisions of 42nd Amendment. (2) Systemic transgression in judicial independence of quasi way as basis structure (eg: S.P. Gupta case). (3) Changes in federal structure by laws eg: Part IX-B provision (Cooperative election) However certain actions are present with the doctrine: (1) may lead to judicial overreach. (2) work of practical judicial accountability is loose of independence. There is a need to Clarify and codify Basic structure doctrine.
3Maintenance of sanctity → Fill and fate of electoral process as basis structure (eg: 99th Amendment) removed judicial intervention in election. (4) Rights of individuals → Right to Privacy → eg: At letters 66A. → almostdown its 66A in Shriya Singal case. (5) Changes in federal structure by laws eg: Part IX-B provision (Cooperative election) However certain actions are present with the doctrine: (3) NO clear definition of 'basic structure'. (4) Reliance paralyis due to lack of explicit linguistic support eg: Load Munir bar in Goa. (5) Board power with judiciary. eg: Judiciary cannot play the role of legislation in case of high lettive vacuum. There is a need to clarify and codify Basic structure doctrine. Juridical accountability measures. eg: Ministers involvement is MoP (Memorandum of Procedure).
247 words1 paragraphs
Conclusion
Thus in maintained as ends with basic structure as a means.
11 words
Topper
SURAMYA SHARMA
AIR 3592025
Subject & Paper
GS2GS2
Topic
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure Doctrine
Constitutional Supremacy and Parliamentary Powers
Writing Stats
258
Total words
1
Paragraphs
analytical
Tone