Delimiting the Doctrine: An Argument against Basic Structure Review of Ordinary Laws

Govinda Asawa and Parthiv Joshi address the crisis the basic structure is in due to the challenges it faces against its application to ordinary legislations. This paper provides a thorough analysis of all significant developments related to the scope and extent of the doctrine, aiming to harmonise them systematically. It has been noted that courts have sometimes readily extended the doctrine when assessing the validity of ordinary legislation, interpreting the basic structure as a result of a multi-provisional reading of the Constitution. This approach fails to recognize the ‘identity of the doctrine’ and ‘method of identifying basic features’ as separate concepts. Invoking the doctrine is not necessary for testing ordinary legislation based on ‘principles’ derived from a multiprovisional interpretation of the Constitution. The integrity of the doctrine’s identity is rooted in its application to constitutional amendments alone, and this must be maintained.

CALJ Volume VIII Issue II_Govind Asawa_Parthiv Joshi

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