GS2 · 10 marks · 150 words

Basic structure doctrine has prevented the Parliament, a creature of the constitution, from becoming the master of the constitution. Discuss this statement with the help of relevant case laws.

Answered by 5 toppers · CSE 2020–2024

Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

How toppers approached it

From 4 of the 5 answers · about 160 words.

Opening

  • No separate opening4 of 4

Body

  • Points3 of 4
  • Points and prose1 of 4

Close

  • No separate close2 of 4
  • A summary1 of 4
  • A way forward1 of 4

The toppers’ answers

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"

More on Constitution and Basic Structure

Historical underpinnings, evolution, salient features, amendments and the basic structure doctrine.

All GS2 questions on Constitution and Basic Structure