AIR 231 · CSE 2022 · GS2 · 54 pages

Manan Bhat: GS2 answer copy

20 answers by Manan Bhat, 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 evolved from independence till 1972 due to conflict in fundamental rights & fundamental duties.

Body · points

→ BSD was given by SC in "Keshavananda Bharati V/s State of Kerala, 1972.

How (BSD) has prevented Parliament to become master of Constitution :-

  1. Ensure majoritarian tendencies in legislature do not reflect in legislation.
  2. Maintain sanctity of the constitution e.g. Waman Rao Case
  3. Ensure vision of the constitution makers is not eroded. → e.g. Minerva Mills Case
  4. Ensure evolution of constitution keeping the Basic framework intact.

How BSD has impeded Parliament

  1. No constitutional sanction.
  2. Judges are not accountable to electorate for any judicial malafide.
  3. Does not allow democratically elected government to determine the philosophy of the document.
  4. Sometimes leads to Judicial Activism e.g. NJAC strike down.

Close · a summary

BSD has evolved along with time to ensure sanctity of the document prevails along with its organic evolution to ensure political, social & economic transformation of Indian society.