The basic structure doctrine prevents the abuse of power by the executive and legislature, preventing it from becoming a majoritarian regime. Examine.

Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

4. The basic structure doctrine prevents the abuse of power by the executive and legislature, preventing it from becoming a majoritarian regime. Examine. (250 words)

Difficulty level: Moderate

Reference: Indian ExpressInsights on India

Why the question:

Vice President Jagdeep Dhankhar Wednesday sparked a debate on the separation of powers between the executive and the judiciary. He criticised the Supreme Court once again, for using the doctrine of basic structure to strike down the constitutional amendment that introduced the National Judicial Appointments Commission Act.

Key Demand of the question:

To write about the importance of doctrine of basic structure and its criticism.

Directive word: 

Examine – When asked to ‘Examine’, we must investigate the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.

Structure of the answer:

Introduction: 

To write about the importance of doctrine of basic structure.

Body:

First, write about the various features of doctrine of basic structure – rule of law, parliamentary form of government, secularism etc.

Next, write about how the above is important in upholding the supremacy of the Constitution and preventing authoritarian rule by a single party.

Next, write a critique of the basic structure doctrine.

Conclusion:

Conclude by writing a balanced opinion.