Impact of the basic structure doctrine on the constitutional development of India, Bangladesh, and Africa

Impact of the basic structure doctrine on the constitutional development of India, Bangladesh, and Africa

It is made clear that the basic structure that is being discussed here is in context of what was said in Kesavananda Bharti v. State of Kerala [1973] GCtR 315 (SC). 

Developments in India : Basic structure doctrine has been invoked in various cases. 

The NJAC Case [Supreme Court Advocates-on-Record - Association and another v. Union of India [2015] GCtR 5055 (SC)]  invoked this doctrine to question the action of BJP-led Government to change the manner in which selection of Judges took place. 

Bangladesh Case : Anwar Hossain V. Bangladesh 1989 BLD (Spl) 1 had outlined the features of this doctrine. Article 100 of the Constitution of Bangladesh as amended by 8th Constitutional Amendment has been assailed in Bangladesh."Total abrogation of the Constitution, which is meant by destruction of its basic structure, cannot be comprehended by the Constitution. If it comes, if has to come from outside the Constitution." This doctrine has worked only to stop abrogation of Constitution and links it with any process outside the Constitution. The application of this doctrine in 1989 in Bangladesh is therefore attacking unconstitutional actions and not constitutional actions. Although the next phrase "Call it by any name-'basic feature' or whatever but that is the fabric of the constitution which can not be dismantled by an authority created by the Constitution itself-namely the Parliament" even reins in Parliament in Bangladesh but the words chosen are important. This doctrine in Bangladesh attacks dismantling of fabric by the Parliament. What is common in this doctrine is that it is applied by Court and controls Parliamentary actions, yet the way it is explained in Anwar Hossain [1989] is much more benign and clear.