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WASIM-UR-RAHMANAIR 157· 2025

Question Q11GS2GS2

The Basic Structure Doctrine, lauded for safeguarding the core principles of the Constitution against majoritarian impulses, is also criticised for enabling judicial overreach and disturbing the balance of power as envisioned by the Constitution. Elaborate.

Open scan (p.23)

Main Body

Basic Structure Doctrine was evolved by Supreme Court in Keshavananda Bharati case (1973) which safeguarded certain principles of constitution from amendment by legislature. Basic Structure safeguarding Constitution: 1) Federalism and the structure of polity is protected by basic structure. 2) Free and Fair elections as the cornerstone of democratic party is protected. - Indira Ghandhi vs Raj Narain case/1975 3) Secularity character of Indian polity as enshrined by constitution makers. - SR Bommai case, 1974 4) Welfare State character is protected

by Basic structure. Mimamighi code. 5) Separation of Power to protect from Tyranny of Majority. - Keshavananda Brari case. 6) protects Indian polity from being hijacked by Majoritarian governments. - Mfworva Hills case affirmed balance between Fundamental rights & DPs. However, BASIC structure doctrine is omeitted for 'judiciary overstepping inside', Guardian of the Constitution becoming Guardian over the Constitution: 1) Guardian over the Constitution 2) Popular Sovereignty which is the core of democratic polity is being undermined by Basic Structure 3) Resonds reConstitution of politico-social structure with the needs of time

— WASIM-UR-RAHMAN · AIR 157

172 words1 paragraphs
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Topper

WASIM-UR-RAHMAN

AIR 1572025

Subject & Paper

GS2GS2

Topic

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

Basic Structure

Basic Structure Doctrine and its Implications

Writing Stats

172

Total words

1

Paragraphs

analytical

Tone

Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine