Vice President Jagdeep Dhankhar has recently scrutinized the Supreme Court’s interpretations of the Constitution, particularly its application of the basic structure doctrine. His comments have sparked a nationwide debate on the scope of judicial review.
Understanding the Basic Structure Doctrine
The basic structure doctrine, originating from the Kesavananda Bharati case, posits that certain fundamental features of the Constitution cannot be altered by amendments. Dhankhar has expressed concerns that this principle grants the judiciary excessive power over constitutional amendments.
The Role of the Judiciary in Constitutional Interpretation
Dhankhar’s remarks highlight the ongoing tension between judicial interpretations and legislative intent. He advocates for a more restrained approach by the judiciary, emphasizing the need for Parliament to retain its authority in constitutional matters.
Public and Political Reactions
Political leaders and legal experts have weighed in on Dhankhar’s statements. Some commend his stance on preserving parliamentary sovereignty, while others caution against potential encroachments on judicial independence.
Conclusion
The Vice President’s critique brings to the forefront critical questions about the balance of power between India’s legislative and judicial branches. It calls for a reevaluation of the principles governing constitutional amendments and judicial review.
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