Towards “a Wellplanned Legal Order”: The “Pillars of the Basic Structure”, 15 August 2020
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 15 August 2020
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
This article explores the enduring legacy of the "Basic Structure Doctrine" in India. Baxi describes it as the "unalterable core" of the Constitution that prevents Parliament from destroying democracy under the guise of amending it. He discusses the various "pillars"—such as secularism, federalism, and judicial independence—that sustain the constitutional edifice. Baxi argues that the doctrine is a "safety valve" that has protected India from the fate of many post-colonial nations. He asserts that the Basic Structure is not a static list but a "living spirit" that evolves to meet new challenges to human freedom. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository