Key Points
The Supreme Court delivered a verdict, ruling that while Parliament possessed the authority to amend the Constitution, it couldnt alter its basic structure..
Therefore, due to said prohibition, the Supreme Court cannot prevent Parliament from considering and passing any amendment, nor does it have the power to test the amendment which forms part of the Constitution after the Presidential assent...
Also, such a drastic power to prevent Parliament from amending the Constitution cannot be said to lie with the Supreme Court as the judges are the delegates of delegates..
Unfortunately, the Supreme Court illegitimately read the Basic Structure Doctrine within the Constitution as a limit upon the amending powers of Parliament...
Judges overruling Parliament:The basic structure idea lets judges cancel laws passed byParliament if they think those laws dont fit with the Constitutions basic structure..
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Fali S Nariman: ‘You can criticise it but no one must shake the foundation. Then, it becomes an earthquake’
26, Apr, 23Nariman said that even if tested again, the Supreme Court will defend the Basic Structure doctrine.
KK Venugopal: ‘People understand… You have to respect what Parliament says to a great extent…’
25, Apr, 23It is only in rarest of rare cases where you find that what has been done is wholly unconstitutional, 91-year-old former Attorney General for India K K Venugopal tells The Indian Express in an interview.
KK Venugopal: ‘Restraint needed but Supreme Court left Parliament groping in the dark’
24, Apr, 23Venugopal, 91, who argued in favour of the NJAC, said that the real problem is that “if an amendment affects the judiciary, then the decision will be very very subjective.”
Basic structure only safeguard against majoritarian govt: Ramachandran
27, Apr, 23On the 50th year of the “basic structure” doctrine that restricts the power of Parliament to alter the fundamental features of the Constitution, senior advocate Raju Ramachandran told The Indian Express the doctrine is the only safeguard against a majoritarian government. Ramachandran, former Additional Solicitor General of India, was once a critic of the doctrine. […]
Once we cease to be judges, whatever we say is just opinion: CJI on Ranjan Gogoi's statement in Rajya Sabha
09, Aug, 23Chief Justice of India DY Chandrachud on Tuesday remarked that once judges demit office whatever they say is just opinion and is not binding, after former CJI Ranjan Gogoi's comments that the basic structure doctrine was debatable was flagged in the Supreme Court.
Legally Speaking | Can fundamental principles of the Constitution be altered?
12, Mar, 24The Parliament has unrestricted authority to alter the Constitution as long as it does not damage the essential structure of the Constitution
Kesavananda: case and its legacy | SC has used doctrine sparingly, pushed back against attempts to shackle judicial review
23, Apr, 23Over the decades, the basic structure doctrine has been criticised repeatedly — for diluting the principle of separation of powers and undermining the sovereignty of Parliament, and as a vague and subjective form of judicial review.