Review Article
Year: 2020 | Month: March | Volume: 7 | Issue: 3 | Pages: 80-86
Comprehending and Inquisitioning the ‘Doctrine of Basic Structure’ In India: Urgency to Define the Doctrine
Satarupa Datta
5th Year Student, B.A.LL.B (Hons.), Law College Dehradun, Uttaranchal University.
ABSTRACT
The doctrine of ‘basic structure’ has often been labeled as a form of judicial overreach or judicial activism. In fact, the task of law-making which belongs to the legislature has been overtaken by the judiciary, in the way of a duty imposed upon itself as both the interpreter as well as the Guardian of the fundamental rights. Therefore, vesting upon itself the power to define the ‘basic features’ of the Constitution i.e. the work of lawmaking. This article will argue why the task of defining the ‘basic features’ of the Constitution should not be left open to the Apex Court. Additionally the implementation of this doctrine after the case of Keshvananda, in matters of constitutional amendments. The article will begin with a brief introduction of the doctrine. Part II will discuss judicial overreach with reference to the doctrine's application. While part III of the article will conclude with some observations and a conclusion.
Keywords: doctrine of ‘basic structure’, judicial overreach, judicial activism.
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