What do you understand by Basic Structure Doctrine? Do you think it is an unfair restriction on the power of Parliament to amend the constitution under Article 368? Critically examine.
- December 11, 2021
- Posted by: admin1
- Category: DPS Topics
|Introduction (I): Define Basic structure and mention Kesavanand Bharti case.|
Body (B): 1) briefly talk about amendment power of the Parliament under art 368 and how the doctrine is a restriction on it.
2) First support the statement that it is an unfair restriction (limiting elected head and hence people’s power, Judicial overreach, Not unanimous decision etc.).
3) Now discuss how it is not unfair restriction (It implements the COI idea of flexibility plus rigidity, checks and balances, Protects democracy and the COI itself etc.).
Conclusion (C): Conclude based on your arguments.