Question 1 · 10 marks · 185 words written
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
Addition of more & more things into basic structure eg Minerva mill case → Balance b/w fundamental right & DPSP.
Golaknath case : - SC taking away power of parliament to amend fundamental rights.
Minerva mill case : - SC said that 42th constitutional amendment is not valid as it takes away judicial review which is part of basic structure.
Waman Rao case : - Basic structure doctrine will apply for laws after April 24 1973.
M. Nagraj case → Adding principle of equality to Basic structure.
Bommai case : - Include presidential rule in judicial review.
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.