JISPIL Vol 7 Issue 2 2011 - A5


At the outset, the paper introduces the circumstances in which the Eighth Constitutional Amendment passed, and how challenge to its constitutionality on the ground of basic structure enabled the Supreme Court to recognize and delineate the basic structure of the Constitution. Lastly, it concludes that, in the light of recent developed case law,  how the Courts, eventually, after embracing the theory of basic structure of the Constitution, could not withstand, comparing with the Indian Supreme Court�s stand, with reference to human rights as an integral part of basic structure of the Constitution.


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