The basic structure doctrine acts as a constitutional compass in balancing Parliament's legislative authority and constitutional supremacy. Comment.
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
Conclusion
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MADHVENDRA PRATAP SINGH
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Basic Structure Doctrine
155
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analytical
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