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The Role Of The Judiciary In Interpreting And Safeguarding The Doctrine Of Basic Structure In India




Gourab Das, Department of Electrical Engineering, University Institute of Technology, The University of Burdwan, Burdwan, West Bengal, India

ABSTRACT

The date of 24th April is so extensively highlighted in the area of democracy and the political infrastructure of India. On the same date, in 1973, the Supreme Court of India gave the landmark judgement in the history of the Indian Judiciary i,e the Kesavananda Bharati v. State of Kerala. Although Kesavananda Bharati, the head of the Hindu Monastery, Edneer Mutt had lost the case, the judiciary gave the people of India the most supremest law i,e the basic structure doctrine which not only protects the fundamental rights of the citizens but also protects the sovereignty and integrity of this country. In this paper, we will get to know how the political history of our country eventually developed by which this landmark judgement was created. Also on the same date, in 1993, the Panchayati Raj system was created which is the backbone of Indian Democracy at the local level.

Keywords: Fundamental Rights, Directive Principle of State Policy, Judicial Review, Separation of Power, Democracy.

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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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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