Madhav AgarwalAIR 16 · CSE 2024 · 162 wordsTheir whole copy
Opening
Basic structure doctrine (BSD) has been successful in protecting fundamental essence of constitution while ensuring brute majority in legislature does not turn into tyranny of the same.
Relevant Case Laws :
(A) Evolution : under the Kesavananda Bharati case 1973 and backed by series of 24th/25th Amendment as well as case laws such as Golaknath case: No power to amend Constitution with parliament while the opposite Shankari Prasad case which said Parliament can amend anything.
Ideas of judicial review, federalism, developed into BSD.
(B) Application :
Body · points and prose
(1) Protection of judicial review and marking it as omnipotent in MINERVA MILLS CASE.
(2) SR BOMMAI CASE : laid down norms for working of Article 356 (President's rule) and ensures 'federalism' as part of BSD.
(3) NJAC Judgement 2016 : which turned down the 99th Constitutional Amendment on the harming precedence of judicial independence.
Close
BSD ever though criticized for judicial supremacy and expanding definition, has been a 'NORTH STAR' (CJI DY Chandrachud) ensuring "constitutional supremacy"