From Vice President & Law Minister to CJI, the Basic Structure Doctrine (BSD) has contested Executive against Judiciary π₯Ά
What's BSD? How did it come up? All things you need to know for #UPSC in this threadπ§΅
β€οΈ this tweet to save to your notes (1/11) π‘
What's BSD? How did it come up? All things you need to know for #UPSC in this threadπ§΅
β€οΈ this tweet to save to your notes (1/11) π‘
- Idea first propounded in Kesvananda Bharati (KB) Case 1973
- Idea: Parliament can't amend 'basic structure of basic law of the land'
- Definition: No such definition, components described in SC cases over years.
What are these components?ππ»(2/11)
- Idea: Parliament can't amend 'basic structure of basic law of the land'
- Definition: No such definition, components described in SC cases over years.
What are these components?ππ»(2/11)
They keep evolving with SC verdict in different court cases. Some of these are listed in image below π (3/11)
Evolution of BSD: SC Cases & Amendments
1. Shankari Prasad (SP) Case '51
- Parliament can amend any part u/A 368 (FRs included)
2. Sajjan Singh Case '65
- Reiterated SP case verdict
3. Golaknath Case '67
- Gave 'transcendental position' to FRs -> unamendable; reversed stance
1. Shankari Prasad (SP) Case '51
- Parliament can amend any part u/A 368 (FRs included)
2. Sajjan Singh Case '65
- Reiterated SP case verdict
3. Golaknath Case '67
- Gave 'transcendental position' to FRs -> unamendable; reversed stance
1971: PM Indira returns w/ thumping majority in LS
- 24th Amendment: "CAA can't be held void merely 'cz it infringed FRs"; 368 amended for Parliament to add, vary, repeal any Article!
- 25th Amendment: 31C added giving DPSPs primacy over FRs & Judicial Review (5/11)
- 24th Amendment: "CAA can't be held void merely 'cz it infringed FRs"; 368 amended for Parliament to add, vary, repeal any Article!
- 25th Amendment: 31C added giving DPSPs primacy over FRs & Judicial Review (5/11)
4. KB case 1973
- 'Basic Structure' can't be abrogated even by CAA'
- BS is a living spirit of the constitution, its 'soul'!
- Parliament has power to 'amend' it and not destroy it; it can only amen not rewrite
No retrospective action to be taken, though! (6/11)
- 'Basic Structure' can't be abrogated even by CAA'
- BS is a living spirit of the constitution, its 'soul'!
- Parliament has power to 'amend' it and not destroy it; it can only amen not rewrite
No retrospective action to be taken, though! (6/11)
Further cases which strengthened BSD doctrine:
- Indira Gandhi v/s Raj Narain 1975
- Minerva Mills 1980
- Waman Rao 1981
- Indra Sawhney 1992 (Rule of Law) (7/11)
- Indira Gandhi v/s Raj Narain 1975
- Minerva Mills 1980
- Waman Rao 1981
- Indra Sawhney 1992 (Rule of Law) (7/11)
Significance of BSD in strengthening Democracyπͺπ»
- Judicial Independence
- Preserves the virtue of Fundamental Rights
- Prevents the democracy from authoritarian tendencies
So, what's the controversy? (8/11)
- Judicial Independence
- Preserves the virtue of Fundamental Rights
- Prevents the democracy from authoritarian tendencies
So, what's the controversy? (8/11)
Executive povποΈ
- BSD is unique 'invention' in Indian system
- Law making is largely legislature business
- Judicial 'imagination' to control law making & thus 'will of the people'
- No such discussion in the Constituent Assembly; Judiciary changed constitution (9/11)
- BSD is unique 'invention' in Indian system
- Law making is largely legislature business
- Judicial 'imagination' to control law making & thus 'will of the people'
- No such discussion in the Constituent Assembly; Judiciary changed constitution (9/11)
Judiciary povβοΈπ§πΎββοΈ
- "Change in a thing doesn't involve destruction"
- BSD is soul of the constitution limiting Parliament to be its creature and not becoming master (10/11)
- "Change in a thing doesn't involve destruction"
- BSD is soul of the constitution limiting Parliament to be its creature and not becoming master (10/11)
Read this entire post in one place on my Blog (11/11)ππ»
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