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The Basic Strucure Doctrine Articulated By The Indian Supreme Court In 1973 Made It Amply Clear That The Basic Features Of The Constitution Must Remain Inviolable. The Doctrine Has Generatd Serious Debates Ever Since As It Placed Substantive And Procedural Limits On The Amending Powers Of The Execuive. Despite The Lack Of Clarity As To Its Nature, The Scope Of The Doctrine Has Been Broadened In Recent Years, And A Wide Range Of State Actions Are Covered In Its Purview. In This Book, Krishnaswamy Analyses Its Legitimacy In Legal, Moral And Sociological Terms, And Argues That The Doctrine Has Emerged From A Valid Interpretation Of The Constituitional Provisions. This Book Will Be Of Interest To Scholars Of Indian Constitutional Law, Political Theory And Jurisprudence As Well As Judges And Legal Practitioners.
This book investigates the legal, moral, and sociological legitimacy of the Basic Structure Doctrine as established by the Indian Supreme Court. Sudhir Krishnaswamy, a scholar of constitutional law, examines the historical context and the evolving application of this doctrine. He argues that the doctrine represents a valid interpretation of constitutional provisions, despite ongoing debates regarding its impact on the amending powers of the executive branch. The text provides a rigorous framework for understanding how the judiciary balances constitutional inviolability against state action.
What You Will Find
Legal scholars and practitioners recognize this work as a significant contribution to the study of Indian constitutional jurisprudence. The text is noted for its academic rigor and is frequently cited by those analyzing the intersection of political theory and judicial review in India.
Page Count:
284
Publication Date:
2010-01-01
Publisher:
OUP India
ISBN-10:
0199088446
ISBN-13:
9780199088447
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