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Kindle Notes & Highlights
‘left the court with the consolation that posterity will enjoy the fruits of the walnut tree planted by them’!
The basic structure doctrine postulated in Kesavananda has been credited with protecting the Indian state from collapsing like many of its South Asian counterparts, whether through totalitarian rule, military coups or other extra-constitutional means.51 It has also protected India from moving in a ‘sharply socialist direction’.52
By vesting in itself the power of substantive review under Article 21, the court transformed itself from being merely a supervisor, to being a watchdog of the Constitution. This is the seminal importance of the Maneka Gandhi decision.