Basic Structure Flashcards
1
Q
Where is the Basic Structure mentioned in the Constitution>
A
It is not, it is a Judicial innovation in Kesavananda Bharati Case, 1973
2
Q
Criticism against Basic Structure
A
No constitutional Basis
Illegitimate infringement of judiciary
What constitute basic structure is matter of subjectivity
Translates judiciary into third decisive chamber of parliament.
3
Q
World Examples of implementation of Basic Structure Doctrine
A
- SC of Bangladesh applied same doctrine into the Bangla Constitution in 1989
- Art 79 (3) of basic law of Germany also speaks of certain fundamental principles being non-amendable.
4
Q
Arguments in Favour of Basic Structure
A
Seeks to preserve constitutional principles
Privileges uncertain democracy over tyranny
