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Basic Structure

The document discusses the concept of 'basic structure' as a judicial innovation that limits parliamentary amending powers, emphasizing the sovereignty of the constitution over parliamentary supremacy. It outlines the evolution of this doctrine through various amendments and court rulings, highlighting its significance in maintaining constitutionalism, checks and balances, and social justice. Critics argue that it lacks constitutional basis and leads to judicial subjectivity, calling for judicial restraint and codification of guidelines.

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neefiya.ras
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3 views2 pages

Basic Structure

The document discusses the concept of 'basic structure' as a judicial innovation that limits parliamentary amending powers, emphasizing the sovereignty of the constitution over parliamentary supremacy. It outlines the evolution of this doctrine through various amendments and court rulings, highlighting its significance in maintaining constitutionalism, checks and balances, and social justice. Critics argue that it lacks constitutional basis and leads to judicial subjectivity, calling for judicial restraint and codification of guidelines.

Uploaded by

neefiya.ras
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Basic structure

Is a judicial innovation that puts a limitn on the amending powers of parlia.


4
-sovereignty of the constitution : its not the parlia thats supreme
3
Evolution
2
1
1st ammendment ….shankari prasad has said parlia had plenary powers under 368 to ammend
any part- giving unrestricted powers
8
Sajjan singh (64) reaffirmed the plenary powers
7
Ic golaknath - fr given a untouchable status
6
By 24 caa it was kept ki 368 can ammend any part….25 kepf 31c jisme any caa giving affect to
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39 b and c cant be ultra vire for violateing 14/19/21, also it kept it out of jud rev….keshwa upheld
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all except jud review ; also accepted that caa isnt a law for art 13(2)
3
42 nd caa added all dpsp in 31c…minerva removed it as a vilation of harmony doctrine
2
1
Significance
. Testimony to constitutionalism - govt are ltd by constitutions ; lex rex
. Bulwark against a totalitarian state eg, effective checks & balances - indira vs raj narain
-keeping elections of pm ,presid out of jud review
. Preserving the spirit of constitution as formed by founding fathers - mini consti was
written in 42nd amm
. Aids the judiciary in its role as the “guardian of the Constitution” by proving rule of law
. Interpretation- “Bsd is the north star that guides the interpreter when the path is
convoluted” - cji chud
. Strengthens social justice , secularism, separation of power, rule of law eg. indira raj narain
( rule / f&f)
. Protection of fr - minerva
. Dynamic & progressive - enabling caa while preserving ethos

Criticsm
. No constitutional basis & a pure judicial innovation
. Judicial subjectivity - Whats “basic” isnt defined leaving to judicial discretion &
imagination
. “Questionable jurisprudence “ - ranjan gogoi ; judiciarys coup against parlia to save
collegium
. Elected parlia represents popular will rathed than unelected judiciary
Way forward- judicial restraint ; codification of guidelines , french council

Bsd is the soul of constitution which remains inviolable even though the body may change with
evolving needs

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