AIR 16 · CSE 2024 · GS2 · 52 pages

Madhav Agarwal: GS2 answer copy

20 answers by Madhav Agarwal, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 162 words written

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.

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"