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Which of the following can be said to be an example of Judicial Legislation in the Indian context?
Basic Structure Doctrine
Doctrine of Eclipse
Doctrine of Colourable Legislation
Doctrine of Prospective Overruling
Article 368 of the Constitution gives the impression that Parliament's amending powers are absolute and encompass all parts of the document. But the Supreme Court has acted as a brake to the legislative enthusiasm of Parliament ever since independence. With the intention of preserving the original ideals envisioned by the constitution-makers, the apex court pronounced that Parliament could not distort, damage or alter the basic features of the Constitution under the pretext of amending it. The phrase 'basic structure' itself cannot be found in the Constitution. The Supreme Court recognised this concept for the first time in the historic Kesavananda Bharati case in 1973.
By: Atul Sambharia ProfileResourcesReport error
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