Raghav JhunjhunwalaAIR 4 · CSE 2025 · 166 wordsTheir whole copy
Opening · a constitutional or legal provision
Supreme court in 1987 L. Chandra kr. judgement held that J.Review is a critical part of Basic Structure Doctrine.
Body · points and prose
Rule of law & J.Review
- If there is no restraint upon law makers they can attempt to abrogate Fund. Rights.
Very idea of Constitutionalism (A.V. Dicey's Idea) argues that govt. should be limited by a well-defined set of restrictions.
The tenets of natural justice (Audi Alteram partem & Nemo judex in causa sua) derive their legitimacy from judiciary upholding constitutional sanctity.
Basic Structure: Other critical Tenets
Basic Str. Doctrine argues that some fundamental ideals of Constitution that are sine-qua-non, are beyond the Constituent Powers of Parliament. (Keshavanand Bharti 1973)
Expansion:
Federalism & secularism ⊂ B.Str.Doctrine (S.R. Bommai case 1994)
Free and fair elections ⊂ B.S.D. (Indira Nehru case 1975)
Close
↳ This highlights that apart from J.Review, there also are other imp. tenets of B.S.D.
Dr. BR Ambedkar argued that Art.32 and Art.13(2) together form up heart & soul of const.