Abhinav Sachan, Amity University
ABSTRACT
The Doctrine of Basic Structure is a crucial concept in Indian constitutional law that serves as a safeguard for preserving the fundamental principles and values enshrined in the Indian Constitution. This abstract provides an overview of the theoretical perspectives surrounding the Doctrine of Basic Structure and its implications for constitutional interpretation in India.
The doctrine was established by the Indian Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
Theoretical perspectives on the Doctrine of Basic Structure can be categorized into two main approaches: formalism and substantive theory. Formalists argue that the basic structure is a fixed and immutable set of constitutional principles that can only be altered through the formal amendment process outlined in the Constitution. According to this view, the judiciary plays a limited role in determining the basic structure and primarily acts as a guardian to prevent unconstitutional amendments.
On the other hand, proponents of the substantive theory emphasize a dynamic and evolving understanding of the basic structure. They argue that the judiciary has the authority to identify and protect the basic structure, even if it means striking down constitutional amendments. This perspective places greater emphasis on the underlying principles and values of the Constitution, which may change over time in response to societal developments and evolving standards of justice.
Keywords: Doctrine of Basic Structure, Indian Constitutional Law, Theoretical Perspectives, Legal Interpretation, and Judicial Review
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