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13 天on MSNOpinion
The Emergency was more than a political crisis, as the Constitution’s basic structure was once again under siege.
The Basic Structure Doctrine should balance its ambit concerning the powers of Parliament, as it is the biggest forum of representative democracy This year in April, we celebrated the 50th ...
Preserves Constitutional Integrity: It maintains the essential identity and integrity of the Constitution, even as it evolves through amendments. Limits Parliamentary Power: Parliament’s power to ...
Of late, there has been criticism of the Basic Structure Doctrine on two major grounds, first, it was propounded for the first time by the Supreme Court in its judgment in Kesavananda ...
The need for the basic structure doctrine arose because the Indian Constitution failed to specify a suitable institutional hierarchy, delineation of powers, and checks and balances.
He said the doctrine of basic structure has shown that it might be beneficial for a judge to look at how other jurisdictions have dealt with similar problems for them.
The basic structure doctrine remains India’s pride and the world’s envy. Bangladesh, Malaysia and Kenya have imported this Indian judicial invention.
Reacting to the debate that the basic structure of doctrine served the nation well, the former CJI raised the question on the fate of the nation and its citizens if the court had not held 39th and ...
The Supreme Court formulated the basic structure doctrine of the Constitution in 1973 to protect the people against majoritarianism because the Constitution is silent on many basic freedoms.
The basic structure lies at the heart of this debate, given that the Supreme Court used this doctrine to strike down the National Judicial Appointments Commission in 2015.
The ‘basic structure doctrine’ has been accepted in several jurisdictions as mentioned by the Chief Justice. It will need a Bench of 15 judges to overthrow it.
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