032 - Basic Structure Doctrine

To safeguard and uphold the freedom of speech and expression in India, it is imperative to adequately reform colonial laws that curtail free speech. Discuss.

Article 19 of Part 3 of constitution of India guarantees freedom of speech & expression as a fundamental right, subject to certain safeguards. Colonial laws that curtail free speech: Sedition laws, under IPC vaguely defined offences like “attempt to incite hatred”, etc. Official Secrets Acts, hinders genuine whistle-blowers at times. Laws regarding contempt of court. ..

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The basic structure doctrine transformed the role of Supreme Court from interpretative" to "proactive", thus ensuring that India has a thriving democracy". Critically analyze.

In a democratic set-up, Judiciary has a significant position. It performs the role of being an interpreter, protector, guardian of the supremacy of the constitution. As an interpreter, the judiciary has been able to safeguard the basic fundamental rights of individuals and have been able to maintain the dignity. However, the role of judiciary has ..

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Starting from inventing the 'basic structure' doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy.

Historically, the Indian Judiciary has played a proactive role, stepping in when the other two branches of the government seem to have faltered. The linkage between Judicial activism and democracy is a complex one. One of the important characteristics of a democratic nation is the separation of powers between the three branches of the government, ..

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