The German Influence on India’s Basic Structure Doctrine: A Study of Constitutional Guardianship
The article examines how the evolution of India's basic structure doctrine was influenced by German constitutional philosophy in the early 20th century, specifically the discussions around constitutional guardianship. It looks at the conceptual frameworks developed by German jurists such as Hermann Heller and Carl Schmitt, which subsequently influenced Indian constitutional discourse. The paper examines how the judiciary accepted and modified these concepts to protect the fundamental principles of the Constitution by examining significant rulings from the Indian Supreme Court, particularly the Kesavananda Bharati case. The analysis emphasizes how crucial the fundamental structure doctrine is in order to uphold India's constitutional framework's democratic legitimacy and balance of power.
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