The Basic Structure Doctrine: Scope And Applicability




Trisha Jawahar, O.P Jindal Global University

ABSTRACT

The Basic Structure Doctrine, established in the landmark case of Kesavananda Bharati in 1973, acts as a tool for the judiciary to maintain a balance of power between itself and the legislature, to ensure the certain fundamental factors envisaged in the Constitution is not lost. It has been 47 years since the inception of the doctrine, and yet it continues to evolve and grow. This paper, therefore, will attempt to highlight the ever-expanding scope of the doctrine. Through an analysis of various judgments pronounced on the matter, this paper will delineate not just what features form the basic structure of the Constitution, but also analyse the arguments of its applicability to legislation and to the judiciary. Subsequently, this paper attempts to provide some recommendations to ensure the clarity of the scope and applicability of the doctrine.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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