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Democracy and Constitutionalism in India
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Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Sudhir Krishnaswamy

Abstract

The basic structure doctrine was announced by the Supreme Court in Kesavananda Bharati v. State of Kerala in 1973. This book argues that basic structure review in India is an independent and distinct type of constitutional judicial review which applies to all forms of state action to ensure that such action does not ‘damage or destroy’ the ‘basic features of the Constitution’. These basic features of the constitution are identified through a common law technique and are general constitutional rules which are supported by several provisions of the Constitution. The book argues that the basic st ... More

Keywords: India, basic structure doctrine, judicial review, constitution, democracy, legitimacy, constitutional interpretation, deliberative decision-making

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780198071617
Published to Oxford Scholarship Online: September 2012 DOI:10.1093/acprof:oso/9780198071617.001.0001

Authors

Affiliations are at time of print publication.

Sudhir Krishnaswamy, author

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