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In ‘Kesavananda Bharati’ case, Supreme Court redefined the relationship between judiciary, executive and legislature. Discuss

  • May 17, 2021
  • Posted by: OptimizeIAS Team
  • Category: DPS Topics
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Hint: The question is basically asking about the “Basic structure doctrine” and the supremacy of the Constitution (and not any wing of the state)

Introduction (I): Talk about the Basic structure doctrine which came out of the case and how it sought to ensure supremacy of the Constitution by putting check and balance in form of basic structure on the power of the Parliament, executive while it significantly strengthened judicial activism

Body (B): 1) Discuss good outcome of as a result of the judgement and how it strengthened judiciary and has been major factor in strengthening democracy, FR and the supremacy of the Constitution.

2) Also argue for how it has at times led to judicial over-reach, significantly weakened amendment power of Parliament etc., and all this on a divided judgement (By 7:6 majority).

Conclusion (C): Endon optimistic note how the case has been instrumental in redefining relationship between three wings of the state and caution needs to be exercised by the judiciary through subjecting itself to accountability or checks and balances as well.

amendments evolution features Indian Constitution- historical underpinnings Kesavananda Bharati significant provisions and basic structure

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