Saloni ChhabraAIR 29 · CSE 2023 · 184 wordsTheir whole copy
Opening
Basic structure doctrine is a judicial innovation that was introduced in Kesavananda Bharati case, 1973. Prevents Parliament from becoming Master of the Constitution
Body
e
- Evolving definition
- Unwritten and unspecified
Prevents Parliament from becoming Master of the Constitution
(1) Upholds Separation of Power → NJAC Case → Ruled out 99th CAA as being violative
(2) Upholds federal order of the Constitution against Parliamentary sovereignty → Eg. Bommai Case → federalism is part of Basic structure
(3) Secures minority rights in true spirit → Eg. Tablighi Jamaat Case
(4) Learns soul of the Constitution - Article 32 and Article 21 → (Eg) Importance of Judicial Review → Kihoto Hollohan case
(5) Maintains a fine balance between Fundamental Rights & DPSPs → (Eg) Minerva Mills (1980) - Bedrock of balance
(6) Widens the spirit of justice envisioned by constitution makers → (Eg) Maneka Gandhi case → Due Process of Law
(7) Overturns key amendments as being violative of Basic structure of citizen Rights & Accountability → (Eg) Part of 42nd & 39th CAA
→ Judicial Overreach (Eg) Highway Liquor Ban case HOWEVER → criticism for rewriting Constitution → unelected legislators
Close
It is a potent tool to safeguard interests of Indian citizens.
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