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“The "Basic Structure Doctrine" although essential for the maintenance of checks and balances is an unwritten principle rendering substantive limitations on other branches. In light of this statement, discuss the threats it poses to the legislative sovereignty in India. (15 marks)?
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“The "Basic Structure Doctrine" although essential for the maintenance...
Introduction:
The Basic Structure Doctrine is an unwritten principle in India that limits the power of the legislature by imposing substantive limitations on it. While the doctrine is essential for maintaining checks and balances, it also poses certain threats to legislative sovereignty.

Threats to Legislative Sovereignty:
1. Limitation on Amending Power: The Basic Structure Doctrine restricts the power of the legislature to amend the Constitution. It implies that certain fundamental features of the Constitution cannot be altered, even through a constitutional amendment. This poses a threat to legislative sovereignty as it curtails the authority of the legislature to make changes to the Constitution.

2. Interference in Policy-making: The Basic Structure Doctrine allows the judiciary to review and strike down laws that are deemed to violate the basic structure of the Constitution. This can lead to judicial interference in policy-making processes initiated by the legislature. The judiciary may nullify laws passed by the legislature, thereby undermining the legislative sovereignty.

3. Delay in Decision-making: The doctrine empowers the judiciary to review the legislative actions and determine their compatibility with the basic structure of the Constitution. This may result in delays in decision-making as the judiciary may take considerable time to examine and pronounce judgments on legislative matters. Such delays can hinder the legislative process and impede the exercise of legislative sovereignty.

4. Subjectivity and Lack of Clarity: The Basic Structure Doctrine is an unwritten principle, which makes it subjective in nature. The lack of clarity regarding the exact components and boundaries of the basic structure of the Constitution creates ambiguity and confusion. This allows the judiciary to interpret and apply the doctrine as per its discretion, potentially leading to inconsistent judgments and encroachment on legislative sovereignty.

5. Shift of Power to the Judiciary: The Basic Structure Doctrine gives significant power to the judiciary to determine what constitutes the basic structure of the Constitution. This shift of power from the legislature to the judiciary can undermine legislative sovereignty. The judiciary's ability to strike down laws and review legislative actions can result in an imbalance of power between the two branches of government.

Conclusion:
While the Basic Structure Doctrine is crucial for maintaining checks and balances in India, it also poses threats to legislative sovereignty. The limitation on amending power, interference in policy-making, delays in decision-making, subjectivity and lack of clarity, and the shift of power to the judiciary are some of the challenges that need to be addressed to strike a balance between the judiciary and the legislature. Efforts should be made to ensure that the doctrine is applied judiciously and does not unduly encroach upon the legislative sovereignty.
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“The "Basic Structure Doctrine" although essential for the maintenance of checks and balances is an unwritten principle rendering substantive limitations on other branches. In light of this statement, discuss the threats it poses to the legislative sovereignty in India. (15 marks)?
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