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In Defence of Basic Structure

  • Published
    16th Jan, 2023

Context:

  • The chances made by the governments to dismantle the basic structure has seen several times and also tried to restrict the supremacy and autonomy of the Supreme Court regarding the judgements for the same.

The continuous attempts to break the democratic structure:

  • The 39th Constitution Amendment Bill passed: In 1975, the government made the proclamation of the Emergency non-justiciable and protected the provision of the President’s “satisfaction” from judicial scrutiny not only in the matter of Article 352 (Proclamation of Emergency) but also with regard to Article 123 (Proclamation of Ordinances) and Articles 356 (Imposition of President’s Rule in States).
  • The 40th Constitution Amendment Bill: It aimed at preventing the courts from hearing petitions challenging the election of the President, Vice President and MPs holding the office of Prime Minister and the Speaker of the Lok Sabha.
  • The 41st Amendment Bill: By amending Article 361, it sought, in the main, to confer upon the Prime Minister immunity against criminal proceedings in just about every conceivable case.
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