Don’t shut down the debate on the Basic Structure of the Constitution
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ForumIAS announcing GS Foundation Program for UPSC CSE 2025-26 from 10th August. Click Here for more information.

Source– The post is based on the article “Don’t shut down the debate on the Basic Structure of the Constitution” published in “The Indian Express” on 28th August 2023.

Syllabus: GS2 – Functioning of Judiciary

News– During a debate in Parliament, Ranjan Gogoi claimed that the “Basic Structure Doctrine” has asserted that basic structure has “a very debatable jurisprudential basis”.

Why is there a need to carefully examine the Rajan Gogoi viewpoint about basic structure doctrine?

The importance of the broader matter cannot be exaggerated, especially in the present context of Indian politics.

The Supreme Court will reexamine this matter when the hearings on the revocation of Article 370 and the Jammu and Kashmir Reorganisation Act 2019 gain momentum.

The practice of “cancel culture,” which avoids discussions, is detrimental to both the pursuit of justice and the strengthening of democracy.

It is crucial to recall the words of Pandit Nehru and his “Freedom at Midnight” speech.

As per Nehru, the collective voice of the nation finds expression through the instrument of Parliament. The independent and unimpeded functioning of Parliament is indispensable for the sustenance of Indian democracy.

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