Basic Structure Doctrine - Protector of Constitutional Integrity

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Description
The impetus for this book has come from criticism of the "Basic Structure Doctrine" that has been laid down by the Supreme Court by its largest ever bench strength of 13 Honorable Judges. In brief, the doctrine states that even Constitutional amendments are open to judicial scrutiny on substantive grounds, namely, that if an amendment is made which damages or destroys what the court decides is the "basic structure" of the Constitution, such amendment would be declared invalid by the court. I would have thought that this doctrine has been tried and tested and attempts to undo it have all failed thus far. However, in certain quarters, high ones, people in high places in the executive have started reexamining this doctrine saying, that it is anti-Parliament and anti-the people of India. It is important at this stage to begin at the beginning. Constitutions are framed essentially so that the power of governance of a nation is diffused. In a famous letter dated 5 April 1887, Lord Acton wrote to Archbishop Creighton stating that he could not agree with the Archbishop's infallibility doctrine of the Pope of the Catholic Church.
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Table of Contents
Chapter 1 Historical Background to the Framing of India's Constitution
Chapter 2 The Gathering Storm: The First Amendment to the Constitution of India
Chapter 3 Basic Structure Born:Golak Nath; The Constitution 24th & 25th Amendments, 1971; and
Chapter 4 The Judgment in Indira Gandhi's Case: H M Seervai Changes his Mind and Supports Basic Structure
Chapter 5 Weighed in the Scales: Pros and Cons
Chapter 6 The Conflicting Views of Constitution Benches in Minerva Mills, Waman Rao, and Bhim Singhji
Chapter 7 The Attempt to Clarify the Law by a Nine Judge Bench in IR Coelho's Case
Chapter 8 Later Judgments which have Applied the Basic Structure Doctrine
Chapter 9 India Shows the Way to the Rest of the World
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Author Details
Rohinton Nariman