Imperatives of the Basic Structure Doctrine: A Semi-centennial Concept
Date
2023
Authors
Bhanu, A.P.
Dilwali, A.
Patodia, A.
Editors
Aston, J.
Tomer, A.
Mathew, J.E.
Tomer, A.
Mathew, J.E.
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Book chapter
Citation
Comparative Approaches in Law and Policy, 2023 / Aston, J., Tomer, A., Mathew, J.E. (ed./s), pp.7-20
Statement of Responsibility
Arvind P. Bhanu, Ambika Dilwali, Adityaraj Patodia
Conference Name
Abstract
The Basic Structure doctrine is the most relevant mechanism in the hands of the Indian Judiciary to strike a balance of powers and maintain checks and balances among the organs of the State, which is imperative for the smooth functioning of any democracy. The doctrine was a milestone in the development of constitutional law in India. This paper aims to trace its origins, efforts to preserve and promote the concept at its nascent stages and highlight its ever-evolving dynamism. The text also tries to outline the continuous war between the Parliament and the Judiciary, resulting in various Constitutional Amendments and their subsequent review before the Courts of law. The aim of this paper is to highlight the importance of the basic structure and its relevance in the recent times. Additionally, the authors delve into the struggle of supremacy between the powers and functions of the Parliament and the Supreme Court and the role of the system of checks and balances.
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© The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2023