The Basic Structure Doctrine: Protector of Constitutional Integrity
Author : Rohinton Nariman
ISBN : 9789349015661
EDITION : 1st
NO. OF VOLUMES : 1
COPYRIGHT YEAR : 2025
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Author : Rohinton Nariman
ISBN : 9789349015661
EDITION : 1st
NO. OF VOLUMES : 1
BINDING : Hardcover
COPYRIGHT YEAR : 2025
The Basic Structure Doctrine, established by the Supreme Court of India in the landmark Kesavananda Bharati case in 1973, asserts that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy its fundamental features. Basic Structure Doctrine as a crucial safeguard to preserve the core values such as the supremacy of the Constitution, the rule of law, judicial review, and the separation of powers. By introducing the Basic Structure Doctrine, the judiciary ensured that even constitutional amendments must respect the foundational principles on which the Indian Constitution stands, thereby protecting the democratic framework and preventing the misuse of legislative power.
The Basic Structure Doctrine: Protector of Constitutional Integrity explores the evolution of India’s Constitution, focusing on the development and significance of the Basic Structure Doctrine. Basic Structure Doctrine argues that the doctrine is pro the diverse people of India, safeguarding their interests rather than being anti-people. By restraining absolute power, the Basic Structure Doctrine prevents corruption within government organs. The author meticulously interprets Article 368, which deals with constitutional amendments, harmonising it with all other constitutional provisions. The Basic Structure Doctrine: Protector of Constitutional Integrity underscores that the interpretation of the Constitution is exclusively within the Judiciary’s purview. Through this judicial lens, the book demonstrates that the Basic Structure Doctrine is a vital interpretation ensuring the integrity and stability of India’s constitutional framework.
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