Test of Basic Structure: An Analysis

(2008) 1 NUJS L. Rev. 499-512

10 Pages Posted: 14 Oct 2014

See all articles by Navajyoti Samanta

Navajyoti Samanta

School of Law, University of Sheffield

Sumitava Basu

West Bengal National University of Juridical Sciences

Date Written: 2008

Abstract

Basic Structure as a concept evolved from rights jurisprudence aligned to natural law theory. Indian judiciary brought in this concept to stem executive overreach. However, deliberately or not, the concept was always kept vague. Judiciary had rarely tried to rein in the concept of basic structure which was to be the last bulwark against an over possessive legislature. This article tries to find a link between the concepts of natural law and basic structure-both immutable and inviolable. The authors would further analyse the trends of Indian Supreme Court and try to devise a working test for basic structure.

Suggested Citation

Samanta, Navajyoti and Basu, Sumitava, Test of Basic Structure: An Analysis (2008). (2008) 1 NUJS L. Rev. 499-512. Available at SSRN: https://ssrn.com/abstract=2507951

Navajyoti Samanta (Contact Author)

School of Law, University of Sheffield ( email )

Bartolome House, Winter Street
Sheffield
Sheffield, South Yorkshire S3 7ND
United Kingdom
0114 222 6771 (Phone)

HOME PAGE: http://https://www.shef.ac.uk/law

Sumitava Basu

West Bengal National University of Juridical Sciences ( email )

12, LB Block, Sector III
Salt Lake City
Kolkata, West Bengal 700098
India

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