Should developing countries such as India prioritize economic growth over stringent environmental regulations, given their need to improve living standards and reduce poverty? Why or why not?
The "basic structure" doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of KeshavaRead more
The “basic structure” doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of Keshavananda bharati vs State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the constitution as follows.
Preserving the spirit of the constitution:
The basic structure doctrine has ensured over the years that the constitution cannot be tampered with arbitrary by the legislature or the executive.
For example; in Keshavananda bharati vs State of Kerala(1973), the supreme court ruled that article 368 of the constitution did not provide the parliament the authority to change the basic structure of the constitution.
Preserving judicial independence:
The basic structure doctrine has helped preserve judicial independence in india by empowering the judiciary to strike down unconstitutional laws.
For example: the NJAC act,2014 which aimed to replace the collegium system for appointing judges was struck down by the sc in 2015.
Upholding secularism:
The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
For example: In the case of S.R Bommai vs union of India (1994), the supreme court held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the constitution remains the ultimate authority in the country,and that the principles of federalism, secularism, democracy and fundamental rights are upheld.
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The debate between economic growth and environmental protection in developing countries is complex and essential . On one hand, economic growth is essential for improving living standards, reducing poverty, and providing better infrastructure, education, and healthcare. Many developing nations relyRead more
The debate between economic growth and environmental protection in developing countries is complex and essential . On one hand, economic growth is essential for improving living standards, reducing poverty, and providing better infrastructure, education, and healthcare. Many developing nations rely on industrialization, urbanization, and exploitation of natural resources to fuel this growth. This often comes at the cost of environmental degradation, including deforestation, air and water pollution, and loss of biodiversity. On the other hand, environmental protection is crucial for ensuring long-term sustainability and the health of populations. Developing countries face the challenge of balancing these competing priorities. A focus only on economic growth can lead to severe environmental damage, which in turn can undermine future economic prospects by depleting natural resources and causing health problems. Likewise , stringent environmental regulations can hinder economic development by increasing costs and limiting industrial activities. So, the solution lies in adopting a sustainable development model that integrates economic growth with environmental stewardship. This includes investing in green technologies, enforcing environmental regulations, and promoting practices that minimize ecological footprints. International support, through financial aid and technology transfer, is also important to help developing countries achieve this balance.
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