Influence of India’s basic structure doctrine on Commonwealth constitutionalism
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Summary
The emergence of the basic structure doctrine was developed by the Supreme Court of India in response to sustained tensions between parliament and the judiciary. The doctrine introduced a substantive limitation on the amending power: constitutional change, however wide in scope, cannot extend to the destruction of the Constitution’s core identity.What began as a domestic resolution of institutional conflict has since acquired a wider comparative significance, particularly across Commonwealth jur