Question 1 · 10 marks · 162 words written
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 :-
- Ensure majoritarian tendencies in legislature do not reflect in legislation.
- Maintain sanctity of the constitution e.g. Waman Rao Case
- Ensure vision of the constitution makers is not eroded. → e.g. Minerva Mills Case
- Ensure evolution of constitution keeping the Basic framework intact.
How BSD has impeded Parliament
- No constitutional sanction.
- Judges are not accountable to electorate for any judicial malafide.
- Does not allow democratically elected government to determine the philosophy of the document.
- 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.