The Basic Structure Doctrine: Protector of Constitutional Integrity by Rohinton Nariman – 1st Edition 2025

Description

This book explores the evolution of India’s Constitution, focusing on the development and significance of the Basic Structure Doctrine. It argues that the doctrine is pro the diverse people of India, safeguarding their interests rather than being anti-people. By restraining absolute power, the doctrine prevents corruption within government organs. The author meticulously interprets Article 368, which deals with constitutional amendments, harmonizing it with all other constitutional provisions. The book underscores that the interpretation of the Constitution is exclusively within the Judiciary’s purview. Through this judicial lens, the book demonstrates that the Basic Structure Doctrine is a vital interpretation ensuring the integrity and stability of India’s constitutional framework.

Key Features:

• Examines key amendments, landmark cases, and judicial perspectives that have shaped constitutional law in India
• Highlights India’s role in setting a global precedent for constitutional integrity
• Provides a balanced view of the impact of the Basic Structure Doctrine on the nation’s legal framework
• Weighs the pros and cons of applying the doctrine, with reference to the majority and minority judgments in Kesavananda Bharati’s case