The allegation against India being a bully in water sharing with Bangladesh has certain realties in it but such matters have a history of complexities behind them. The fact that India has occupied an upstream position on shared rivers gives it a strong bargaining power. Bangladesh, on the other handRead more
The allegation against India being a bully in water sharing with Bangladesh has certain realties in it but such matters have a history of complexities behind them. The fact that India has occupied an upstream position on shared rivers gives it a strong bargaining power. Bangladesh, on the other hand, happens to lie downstream and thus, usually comes at the mercy of that power play. That often leads to conflict during times such as drought or flooding, where such water management decisions in India would affect serious consequences on Bangladesh.
But even so, India and Bangladesh have signed a number of bilateral memorandums for cooperation regarding water resources. They haven’t quite resolved matters; rather, India generally cites its own domestic needs, in some of these regions, connected to these rivers-for instance, West Bengal-from having its water management decisions justified.
So, even though Bangladesh’s concerns are pretty valid, the entire picture is not one-sided. The two countries must sit together and evolve means, which would result in sustainable solutions to meet the needs of both populations.
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This judgment of basic structure doctrine in the case of Kesavananda Bharathi Sripadagalvaru & Ors v State of Kerala & Anr (1973) was a landmark judgement to determine the change of subsequent constitutional amendments in the country of India. It holds that while the Parliament can alter theRead more
This judgment of basic structure doctrine in the case of Kesavananda Bharathi Sripadagalvaru & Ors v State of Kerala & Anr (1973) was a landmark judgement to determine the change of subsequent constitutional amendments in the country of India. It holds that while the Parliament can alter the Constitution, the fundamental framework or Character of Constitution, meaning the principles of democracy, secularism, federal structure, and the rule of law cannot be removed by the Parliament.
This doctrine restricts the Parliament which is advantageous to preserve the pure form of the constitution. It also helps the judiciary to scrutinize the amendments and set them aside if they are against the spirit of the Constitution, as in the case of Minerva Mills v. Union of India (1980) connected with the 42nd Amendment.
Consequently, as per the basic structure, the doctrine shields the rights from gradual erosion by amendments while maintaining the Constitution’s stability. It also maintains a proper balance with the legislative branch to ensure that one does not encroach on the powers of the other and dilute key constitutional provisions. Altogether, the basic structure doctrine has come out as a very effective tool in the quest to safeguard the framework of the constitution in India.
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