The speaker of Parliament or a legislative assembly can decide on the notice seeking his recusal from dealing with disqualification pleas of lawmakers subject to judicial review and can ascertain whether such applications are bona fide or intended only to evade disciplinary action, the Supreme Court said on Thursday.
Over the decades, the basic structure doctrine has been criticised repeatedly for diluting the principle of separation of powers and undermining the sovereignty of Parliament, and as a vague and subjective form of judicial review.
The former Chief Justice of India, Justice UU Lalit in a recent lecture delivered on the "Evolution Of Independence Of Judiciary As A Basic Feature Of The Constitution". stated that the Kesavananda.
Senior advocate A M Singhvi, representing the Thackeray camp, told a five-judge constitution bench headed by Chief Justice DY Chandrachud that the orders of the top court dated June 27, 2022 and June 29, 2022, "cumulatively and conjointly", were not orders that merely protected the status quo but created a new status quo