Democracy and Constitutionalism in India :a study of the basic structure doctrine
- New Delhi Oxford University Press 2009
- xxxiii, 244p
The basic structure 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 generated serious debates ever since as it placed substantive and procedural limits on the amending powers of the executive. 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 constitutional provisions.