Jump to ContentJump to Main Navigation
Democracy and Constitutionalism in IndiaA Study of the Basic Structure Doctrine$
Users without a subscription are not able to see the full content.

Sudhir Krishnaswamy

Print publication date: 2011

Print ISBN-13: 9780198071617

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198071617.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 January 2021

Applying Basic Structure Review

Applying Basic Structure Review

The Limits of State Action and the Standard of Review

(p.70) 3 Applying Basic Structure Review
Democracy and Constitutionalism in India

Sudhir Krishnaswamy

Oxford University Press

After the conception of the basic structure doctrine in Kesavananda Bharati v. State of Kerala, a clear type of basic structure review of constitutional amendments emerges in Indira Gandhi v. Raj Narain. In this case, the Supreme Court identifies different types of basic structure review of constitutional amendments: namely, an extension of Article 13-type judicial review for compliance with fundamental rights to constitutional amendments, or an independent new form of judicial review. This chapter contends that the court's approach to basic structure review of executive action fails to articulate the relationship between basic structure review and administrative law review of executive action. It considers three issues related to the level at which courts scrutinize state action under the basic structure doctrine: that basic structure review ensures compliance with principles and not rules; whether basic structure review may be characterized as a soft incompatibility review rather than a hard unconstitutionality review; and whether judicial deference has any role to play in basic structure review.

Keywords:   Supreme Court, basic structure doctrine, basic structure review, state action, constitutional amendments, judicial review, executive action, judicial deference, administrative law review, hard unconstitutionality review

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .