close

Structural strength

The basic structure of the Constitution has authority

Business Standard Editorial Comment Mumbai
Image
Premium

Photo: Wikimedia Commons

In a clear indication that the higher judiciary is not prepared to give up all its historic powers, Chief Justice of India (CJI) D Y Chandrachud said over the weekend that the basic structure of the Constitution had served as the “North Star” for legal interpreters of that document. This represents a major defence of the utility and purpose of the basic-structure doctrine, which is under attack for being supposedly undemocratic. Some in the government have attacked the doctrine, which allows the Supreme Court to declare even legal changes that have gone through the difficult process required for formal amendments incompatible with the “basic structure” of the Constitution they seek to amend. Vice-President Jagdeep Dhankhar, for example, has pointed out this restricts the powers of Parliament, which is the democratically accountable body in the constitutional framework. While this undoubtedly constrains the immediate powers of the electorate to make perma
Or

Also Read

What is a constitution bench?

Article 143: What are constitution benches; when and why are they formed

DY Chandrachud to succeed UU Lalit as the next Chief Justice of India

CJI Chandrachud releases latest version of Supreme Court mobile app

Constitution Day: How India's founding document came to make history

Deficient regulation

Give peace a chance

Endorsement disclosures

A step too far

Revamping the IBC

First Published: Jan 24 2023 | 11:07 PM IST

Explore News

To read the full story, subscribe to BS Premium now, at just Rs 249/ month.

Key stories on business-standard.com are available only to BS Premium subscribers. Already a BS Premium subscriber?LOGIN NOW

Register to read more on Business-Standard.com