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Source: The post is based on the article “So, Are People The Best Judge?” published in The Times of India on 26th April 2023.
Syllabus: GS 2 – Polity – Functioning of the Executive and the Judiciary
Relevance: concerns associated with the Basic Structure Doctrine.
News: It has been 50 years of the “Basic Structure Doctrine”.
How did the Basic Structure Doctrine emerge?
What changed after the judgment of Basic Structure Doctrine?
The basic structure doctrine gave the keys of the Constitution from the Parliament to the Supreme Court.
Initially, the Parliament had power to amend the Constitution, which ensured that the will of the people prevail.
However, with the judgment, the power to determine the basic structure lies with the Supreme Court and not with the Parliament.
What are the concerns with the Basic Structure Doctrine?
Read Here: 50 years of Basic Structure Doctrine – Explained
This doctrine conceptualizes a very different idea of India from the one the Constitution sets out. It prevents future Indians from designing their future India while the doctrine has no basis in the Constitution.
The doctrine has created tough competition between the constitution and democracy.
For instance, the SC with its power of basic structure tries to protect the democracy. However, when courts overreach in interpreting the Constitution, governments find new and ingenious ways to come out of it.
Hence, the basic structure doctrine has not been able to serve its purpose and the tussle between the court and the Parliament still remains.
