AIR 25 · CSE 2020 · GS2 · 53 pages

Vaibhav Rawat: GS2 answer copy

18 answers by Vaibhav Rawat, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 185 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

Supreme court / SC has evolved the Basic structure doctrine in Kesavananda Bharati case of 1973. It says that Parliament can amend the constitution but not basic structure. It prevented parliament to become master of constitution:-

Body

  1. Addition of more & more things into basic structure eg Minerva mill case → Balance b/w fundamental right & DPSP.

  2. Golaknath case : - SC taking away power of parliament to amend fundamental rights.

  3. Minerva mill case : - SC said that 42th constitutional amendment is not valid as it takes away judicial review which is part of basic structure.

  4. Waman Rao case : - Basic structure doctrine will apply for laws after April 24 1973.

  5. M. Nagraj case → Adding principle of equality to Basic structure.

  6. Bommai case : - Include presidential rule in judicial review.

  7. Addition of emergency provisions under basic structure.

Close

Although there are issues raised regarding subjectivity of Basic structure & it being a tool of judicial activism, Basic structure has served its purpose to uphold core value, nobel ideals & vision of founding fathers of our Constitution.