|Publisher:||Oxford University Press|
The basic structure doctrine was articulated by the Indian Supreme Court in 1973 in one of its most famous decisions
State of Kerala
. It placed substantive limits on the amending power of the executive arm of the state. Subsequently the case has been applied to other forms of state action. The doctrine was at the time of its birth, and remains even today, much discussed and contested.
Krishnaswamy presents a completely reconfigured understanding of the judicial role in Indian constitutional law. He lucidly and critically examines the significance and status of the basic structure doctrine today. He tackles head-on the question whether basic structure review is an appropriate exercise of judicial power or an abuse of it. He argues that much of the criticism against the doctrine emerges from a failure to adequately map the contours of constitutional judicial review.
This book assesses the legitimacy of basic structure review under three categorieslegal, moral, and sociological. It critiques the views of major scholars including Seervai, Sathe, Austin, and Baxi. It also analyses the post
cases and studies how the scope of the basic structure doctrine has been expanded by the Court.
This major new work will interest students and scholars of Indian constitutional law, jurisprudence, and political theory, judges and legal practitioners, as well as anyone interested in law and governance in contemporary India.
This painstaking and provocative study not merely traces, teases, and tests the charismatic enunciation of the doctrinebut also analyses its subsequent adjudicatory routinizationcontributes significantly to global South-based comparative constitutional studies. Upendra Baxi, University of Warwick
A new look, clear, bristling with ideas on this fascinatingly complex subject.Rajeev Dhavan, Senior Advocate, Supreme Court of India
a highly important work on a theme that is at the heart of Indian constitutionalismSudhir has dealt with the theme with enviable clarity and outstanding scholarship[this work] sets new standards in analytical rigour and methods of substantiation. Sitharamam Kakarala Centre for the Study of Culture and Society