AIR 124 · CSE 2021 · GS2 · 53 pages

Riju Shrivastava: GS2 answer copy

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

The questions

The answers

Question 1 · 10 marks · 140 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 has evolved in Keshavnanda Bharti Case in 1976 which says that Parliament cannot amend certain features of Constitution, which are its core i.e. basic structure.

Body · points

Prevented Parliament from becoming Master

  1. ensures principles of secularism, federalism etc L (eg) S.R. Bommai Case

  2. checks arbitrary abuse of power by constitutional post. (eg) Indira Gandhi - Raj Narain case

  3. reminds government of its agenda and welfare state responsibilities (eg) - Minerva Mills case,

  4. maintains separation of power and systems of check and balance. (eg) - Golaknath case, and putting subjects under 9th schedule.

Limitations

  1. judicial supremacy as 'basic structure' not defined.

  2. checks and balances disturbed as no effective check on judiciary.

Close

eg:- NJAC quashed as against basic structure.

But, on the whole Basic structure is the bedrock of constitutionalism in India - Justice Chandrachud