The Basic Structure Doctrine should balance its ambit concerning the powers of Parliament, as it is the biggest forum of representative democracy This year in April, we celebrated the 50th ...

Now two problems immediately arise about this doctrine : (1) What is the basic structure of the Constitution ? It is a vague expression, and has nowhere been mentioned or defined in the Constitution.

Hamid’s central claim is that the Basic Structure Doctrine (BSD) is a foreign doctrine, adopted wholesale from the Indians, with no link whatsoever to the Malaysian Constitution. This is a grave ...

The historically acclaimed 1973 Kesavananda Bharati judgment on the “basic structure” doctrine, which clipped the widest power of Parliament to amend the Constitution and simultaneously gave ...

MUMBAI: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives a certain direction to the interpreters and implementers of the ...

“Neither the judiciary, nor the executive, nor Parliament is supreme, but it is the Constitution of India which is supreme, and all the three wings have to work as per the Constitution,” he said. The ...

Fortunately, in due course, the Supreme Court of India provided two lifebuoys for the natural rights of the citizenry — namely, the due process clause and the basic structure doctrine.

He said the doctrine of basic structure has shown that it might be beneficial for a judge to look at how other jurisdictions have dealt with similar problems for them. The basic structure ...

Chief Justice of India DY Chandrachud on Saturday said that the basic structure doctrine of the Constitution – which separates powers of the judiciary and the executive – is a guiding star ...

His views were contested by senior advocate Kapil Sibal, who said so long as the institutional system of checks and balance was in place, fundamental rights were safe and secure ...

• This article is one in a series of many that will analyse the fundamental issues on which the judgment turned on while situating the same within Kenya’s wider constitutional and societal ...