Comments by "M Shastri" (@libshastra) on "As ex-CJI lights fire on basic structure of constitution, the law, politics, history u0026 implications" video.

Basic structure started with basic rights and protection from Govt overreach. It has evolved way beyond that simple origins into a catchall used by the Courts to shutdown any legislative actions that Judiciary disagree with. Basic structure was used to birth Collegium into existence, used to shutdown NJAC and also shutdown lawsuits against acts that violated basic structure itself. When a doctrine/principle is disabused to an extent that it is unrecognizable from it's origins, that doctrine loses it's significance.
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Law and it's interpretation always lies in the hands of the people, not the Govt or Judiciary. This has been made painfully clear several times in our country's history (Eg: Places of Worship act). When laws deviates dramatically from how people perceive it, such laws loses it's relevance. Basic structure is one such doctrine that has lost it's relevance because of such deviations from people's expectations. It was a statutory doctrine bought to help protect people from Govt abuses but devolved into simply protecting the institutions rather than the people. Folks will decry saying that laws can't be decided by a "mob", sure but neither can any institution enforce laws without the support of the people. Real life doesn't work by the diktats of folks who believe their ivory tower opinions is morally righteous.
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@KaranSingh-xn8gy and you get to decide who is a mob and who isn't? Whichever Govt is in power, gets to decide what can be amended. Nothing is sacrosanct, including the constitution.
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@deshampravesh7108 we supported dynastic rule under Congress that ruled the country for 60 years. BJP with it's dominant position has delivered much more than a monarchy disguised as a political party in India.
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@isuzu343 Compared to every other Govt, Modi Govt has delivered several factors mores. Sure, they can do more, but within 10 years, it is undeniable they have achieved quite a LOT. A lot more than any dynastic party.
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Basic structure came before “Secularism” was injected into the constitution.
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@KaranSingh-xn8gy , please move to Pakistan. If you see regular Indians and their legitimate concerns through the eyes of "Us v. them" then you are already a closet Pakistani. So Move there instead of wasting our time spouting nonsense.
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@sumedhsingh731 Glanrock Estate v State of Tamil Nadu; Property rights, a fundamental rights is not part of basic doctrine.
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