13 out of 17 judges of the Supreme Court of Pakistan held that the Supreme Court has intrinsic powers to review the constitutionality of a constitutional amendment. While the “basic structure” doctrine had been argued …
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Tag: Basic structure doctrine
The Taming of the Tribunal
In a recent op-ed in the Financial Express, I reflect on the recent Supreme Court invalidation of the National Tax Tribunal (NTT). While some see this as payback by the judiciary against the government for …
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Miscarriage of Chief Justice, Sri Lanka Edition
Earlier this week proceedings were initiated in the Sri Lankan Parliament to impeach the Chief Justice of Sri Lanka, Dr Shirani Bandaranayake. The allegations against Chief Justice Bandaranayake are of personal misconduct and failure to disclose her …
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A serious setback to federalism
While writing an article on the Supreme Court’s latest judgment on CBI,(Question of Domain) I realised that my previous post on this was perhaps an understatement. I had the opportunity to discuss with Anupam Gupta, …
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Supreme Court’s CBI judgment
The judgment in the case of State of West Bengal v. The Committee for Protection of Democratic Rights has not got the attention it deserves. Except Rajeev Dhavan’s article, there has been no serious attempt …
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Is the Basic Structure Doctrine counter-majoritarian?
Guest Blogger: Rohan Alva, II Year, Campus Law Centre, Delhi University. [Synopsis of the lecture delivered by Mr.Raju Ramachandran, Senior Advocate,Supreme Court of India on January 23 at CLC] Mr. Ramachandran began by pointing out …
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Debate on Basic Structure Doctrine (Continued)
We are pleased to continue our series of debates between authors and readers. Last month, we initiated this debate between Sudhir Krishnaswamy, author of the book, Democracy and Constitutionalism in India: A study of the …
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Debating Basic Structure Doctrine
Sudhir Krishnaswamy’s recently published book, Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine is an important milestone in our understanding of the BSD, ever since it was formulated by the Judiciary. …
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The NUJS Law Review: another step towards reviving strong legal scholarship in India
The new National Law Schools have often – and justifiably – been criticized for their failure to develop a strong scholarly and research tradition and a corresponding body of scholarship on Indian law. The reasons …
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In defence of basic structure doctrine
DEMOCRACY AND CONSTITUTIONALISM IN INDIA: A STUDY OF THE BASIC STRUCTURE DOCTRINE.BY Sudhir Krishnaswamy. OUP, Rs.625, pp.244. This very significant book, released during the LASSNET Conference in New Delhi recently, is likely to substantially influence …
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