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2) It may well be the case that the basic structure doctrine is derived from the abstract. But that scarcely means it doesn’t exist within the Constitution. Comment.(250 words)

Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

2) It may well be the case that the basic structure doctrine is derived from the abstract. But that scarcely means it doesn’t exist within the Constitution. Comment.(250 words)

The hindu

Why this question

The doctrine of basic constitution is a novel and a landmark concept developed by the Indian judiciary. The doctrine has been invoked in many high profile cases in the SC. In this context it is important to discuss the relevance and place of the doctrine in the constitution.

Directive word

Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.  

Key demand of the question.

The question wants us to express our knowledge and understanding about the doctrine of basic structure of the constitution and express our opinion as to whether the doctrine is implicit in the constitutional document or not.

Structure of the answer

Introduction– write a few introductory lines about the  case which led to the birth of the basic structure doctrine. E.g mention the Kesavananda Bharati case which superseded the judgement in Gopalan Case and introduced the term.

Body-

  1. Discuss what the term broadly means. E.g discuss how the term has been defined by various courts and what are the provisions related to the basic structure- democracy, socialist state, secularism, right to life etc.
  2. Discuss whether the term is implicitly implied in the constitutional document. E.g
  • The phrase has no mention anywhere in the Constitution.
  • Not only is the basic structure canon legally legitimate, in that it is deeply rooted in the Constitution’s text and history, but it also possesses substantial moral value, in that it strengthens democracy by limiting the power of a majoritarian government to undermine the Constitution’s central ideals.
  • not only is the basic structure canon legally legitimate, in that it is deeply rooted in the Constitution’s text and history, but it also possesses substantial moral value, in that it strengthens democracy by limiting the power of a majoritarian government to undermine the Constitution’s central ideals.
  • Any amending body organized within the statutory scheme, howsoever verbally unlimited its power, cannot by its very structure change the fundamental pillars supporting its Constitutional authority. Etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.

CategoriesINSIGHTS