MP

MADHVENDRA PRATAP SINGHAIR 153· 2025

Question Q.11GS2GS2

The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.

Open scan (p.21)

Main Body

Basic Structure Doctrine BED is a judicial innovation created by SC in Keshwananda Bharti 1973 case. BED acts as constitutional compass in balancing legislative authority and constitutional supremacy: 1) Ensures Principles of Check and Balance → Parliament's power to pass No-confidence motion against Executive 2) Guardian of Rule of Law: Parliament cannot interfere with Judicial Independence (NFTAC Call 2015) 3) Protect Core Value of Legitimization legislative upheaval. BED has its own sets of issues: 1) Perceived as Judicial overreach in domain of legislative competence 2) Difficult to maintain balance 3) Conflict with Social Morality (eg.) Sabrimala case varied protests Way Ahead: 1) Judicial Restraint by Judges 2) Legislative Reforms → debate and discussion before passing bill (NCRWC recommendation of 120 days of sitting for year) → Pre-legislative Consultation mechanism BED exists at core of Constitutional supremacy and upholds 't' in National interest.

— MADHVENDRA PRATAP SINGH · AIR 153

142 words1 paragraphs

Conclusion

BED exists at core of Constitutional supremacy and upholds 't' in National interest.

13 words

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Topper

MADHVENDRA PRATAP SINGH

AIR 1532025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Basic Structure

Basic Structure Doctrine

Writing Stats

155

Total words

1

Paragraphs

analytical

Tone