Constitutional Tension: Where's the Overlap between 'Basic Structure' and 'Right of Equality'
constitutional bar_exam advanced questionBhaiya, I'm getting killed in mocks for this question: is the right to equality an integral part of the Basic Structure of the Constitution? If yes, how can Article 14 be taken away in exceptional circumstances without violating this basic structure? Jab tum log mock tests dete ho, I'm at my shift, and I just need the clarity on this. I get that Fundamental Rights (including Article 14) are an essential part of the Constitution, but doesn't this make them part of the Basic Structure? If so, how can we justify a law that disproportionately affects equality (e.g., reservation policies) and still maintain that it doesn't disturb the basic framework? Help me out, guys, please!
2 Comments
Dost, I think the tension between Basic Structure and Right to Equality is rooted in the judiciary's conflicting approaches to interpreting constitutional provisions. While Basic Structure doctrine seeks to preserve constitutional integrity, the Right to Equality demands affirmative action for marginalized groups. I'd argue the overlap lies in the judges' balancing act between these two competing interests.
Yaar, I think there's a need for clarity here. Basic structure doctrine and equality right, both are integral to our Constitution, but how do they intersect? Basic structure ensures constitutional integrity, while equality right ensures social justice. In case of conflict, I think we need to consider the intent of our founding fathers - they envisioned a society based on equality and justice. So, is it possible that equality right is implicit in the basic structure doctrine?