Student at Damodaram Sanjivayya National Law University (DSNLU), India
Keshvananda Bharati is a landmark case, and the Supreme Court's ruling clarified the Constitution's fundamental framework doctrine. The bench's verdict in the case of Keshavananda Bharati was very unusual and reflective. The 700-page decision provided a compromise for both Parliament's freedom to change legislation and citizens' right to safeguard their Fundamental Rights. The Basic Structure Doctrine was established by the Bench in order to defend the rights of both Indian people and the Parliament. The Bench addressed the questions that remained unanswered in Golaknath's case with this approach. This case overturned the ruling in Golaknath v State of Punjab, limiting Parliament's ability to change the Constitution. The Basic Structure Doctrine was developed to ensure that amendments should not deprive people of their privileges as provided by the Fundamental Rights.
International Journal of Legal Science and Innovation, Volume 3, Issue 4, Page 635 - 646DOI: https://doij.org/10.10000/IJLSI.11996
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright © IJLSI 2021