“Datar and Dieter: The origins of basic structure”, 24 February 2023
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: 24 February 2023
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
Baxi traces the intellectual history of the "Basic Structure Doctrine," crediting German scholar Dieter Conrad and jurist Nani Palkhivala. He explains how Conrad’s insights on "implied limitations" to amendments—born from the trauma of Nazi Germany—helped Indian judges protect democracy from similar fates. The article demystifies the doctrine, showing it was a necessary response to political instability. Baxi argues that the Basic Structure is a "safety valve" that prevents a majority from using the "letter of the law" to kill the "spirit of democracy," ensuring the Constitution’s core values remain unalterable and permanent. In Bar Bench
Topical
Repository Details
Part of the NLS Law and Society Archives Repository