Basic Structure

Question 1

Where is the Basic Structure mentioned in the Constitution>

Answer 1

It is not, it is a Judicial innovation in Kesavananda Bharati Case, 1973

Question 2

Criticism against Basic Structure

Answer 2

No constitutional Basis
Illegitimate infringement of judiciary
What constitute basic structure is matter of subjectivity
Translates judiciary into third decisive chamber of parliament.

Question 3

World Examples of implementation of Basic Structure Doctrine

Answer 3

1. SC of Bangladesh applied same doctrine into the Bangla Constitution in 1989
2. Art 79 (3) of basic law of Germany also speaks of certain fundamental principles being non-amendable.

Question 4

Arguments in Favour of Basic Structure

Answer 4

Seeks to preserve constitutional principles
Privileges uncertain democracy over tyranny