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Can the doctrine of basic structure be considered judicial overreach in a parliamentary democracy?

Posted by jobseeker Krish Chandna | Approved
Answers (2)

The Basic Structure Doctrine was established in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. Ans. The Basic Structure Doctrine has been criticized for its vague definition, allowing judicial overreach, undermining parliamentary sovereignty, and creating uncertainty in constitutional amendments.

Answered by jobseeker Garima Rajput | Approved

The doctrine of basic structure, while safeguarding constitutional core values, has been criticized for enabling judicial overreach by allowing courts to overrule democratically enacted laws and amendments, thereby limiting parliamentary sovereignty. However, supporters argue it is essential to maintain checks and balances and protect democracy from arbitrary changes by the legislature

Answered by jobseeker kashvi | Approved

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