The Basic Structure of the Constitution – A Critical Study

  • Poulami Chaki
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  • Poulami Chaki

    LL.M. Student at Amity Institute of Advanced Legal Studies, Amity University Uttar Pradesh, India

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What is the Constitution of India, its framers intend to tell us? How was Constitution came into being? Was it all end of struggle of power? How would you define the Constitution's underlying framework? How urgent do you think it is to improve The Doctrine? If you're looking into the Indian Constitution and have a head full of burning questions and a heart full of ifs and buts, one of the key issues you'll encounter is “the Basic Structure Doctrine”. “Constitution is not a mere lawyers document” said the man widely credited with drafting India's founding text. The spirit of age is constantly there in this vehicle of existence. The document which is socio-economic and which shall never be misused or shall never be a plaything but the morality can and should be the criterion of validity and the judiciary ought to be the citadel of democracy. The most interesting observations are those which is enshrined here are the judgments of the thirteen-bench judges. The bench of such number that ever sat till now. That how efficiently they have come into conclusions, harmoniously and creatively. The case which has been famously pet named as the Fundamental Right Case, with an eye catching conflict of the wings has been portrait here with detailed and relevant judgments. Here, the most controversial cases that have extensively been discussed and endeavoured to highlight the pros and cons of the Doctrine, that it was, it is and it would be in near future exploring the historical background and vital case laws and from a philosophical view point, summing up the future relevance and significance of “The Basic Structure Doctrine”.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 947 - 994


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