Question 1 · 10 marks · 140 words written
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
ensures principles of secularism, federalism etc L (eg) S.R. Bommai Case
checks arbitrary abuse of power by constitutional post. (eg) Indira Gandhi - Raj Narain case
reminds government of its agenda and welfare state responsibilities (eg) - Minerva Mills case,
maintains separation of power and systems of check and balance. (eg) - Golaknath case, and putting subjects under 9th schedule.
Limitations
judicial supremacy as 'basic structure' not defined.
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