Tag: Constituent Power
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Where does the basic structure stand in Kelsen’s hierarchy?
[By Shivani Tamrakar, Second Year B.A. LL.B. (Hons.) student at NLIU, Bhopal] I. INTRODUCTION Since Kesavananda Bharati (1973), the Basic Structure doctrine has stopped Parliament from using Article 368 to alter the Constitution’s essential features, which Hegde and Mukherjea JJ described as “so essential that they cannot be changed or destroyed.”[1] It is tempting to…
