Revisiting the basic structure doctrine-challenges ahead
By: Reddy, G.B. and Srikanth, N
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Material type: 
BookPublisher: Journal of the Indian Law Institute Description: 65(4), Oct-Dec, 2023: p.412-419.
In:
Journal of the Indian Law InstituteSummary: Constitution is the supreme law of a nation. It is not envisaged as a static document but as a dynamic instrument which can be amended to meet the challenges of changing times and needs of the society. Indian Constitution is not an exception to the above principle. Article 368 of the Constitution provides the power and procedure to amend the Constitution but it is not the only source of either such power or limitations thereon. Originally, considered as distinct from ordinary law as defined under article 12 of the Constitution for the purpose of judicial review, the judgment in Golaknath v. State of Punjab changed the position by making it amenable to judicial review for violation of fundamental rights which led to the 24th Constitutional Amendment that sought to dilute Golaknath. In Kesavananda Bharati v. State of Kerala, majority of the judges recognized the basic structure doctrine as a limitation on the otherwise plenary power of the Parliament to amend the Constitution. This paper examines the evolution of the basic structure doctrine, its scope and expansion post 1973, the need to revisit the doctrine in the light of recent developments. Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48193/1/31_Revisiting%20the%20basic%20structure%20doctrine-Challenges%20Ahead.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 65(4), Oct-Dec, 2023: p.412-419 | Available | AR134001 |
Constitution is the supreme law of a nation. It is not envisaged as a static document but as a dynamic instrument which can be amended to meet the challenges of changing times and needs of the society. Indian Constitution is not an exception to the above principle. Article 368 of the Constitution provides the power and procedure to amend the Constitution but it is not the only source of either such power or limitations thereon. Originally, considered as distinct from ordinary law as defined under article 12 of the Constitution for the purpose of judicial review, the judgment in Golaknath v. State of Punjab changed the position by making it amenable to judicial review for violation of fundamental rights which led to the 24th Constitutional Amendment that sought to dilute Golaknath. In Kesavananda Bharati v. State of Kerala, majority of the judges recognized the basic structure doctrine as a limitation on the otherwise plenary power of the Parliament to amend the Constitution. This paper examines the evolution of the basic structure doctrine, its scope and expansion post 1973, the need to revisit the doctrine in the light of recent developments. Reproduced
http://14.139.60.116:8080/jspui/bitstream/123456789/48193/1/31_Revisiting%20the%20basic%20structure%20doctrine-Challenges%20Ahead.pdf
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