Foreword

In this Foreword for the Special Issue on the Basic Structure Doctrine, Professor Upendra Baxi focuses primarily on the general criticisms of the said doctrine. He then delves into a brief counter to the above criticisms. Thereafter, Professor Baxi delves into the question of differentiation between the phrases ‘basic structure’ and ‘essential features’. Lastly, he provides two aspects of basic structure: forensic freedoms (free space of argumentation in an open court—the independence of the Bar), and second, the independence of the judiciary (executive-free spaces for judicial interpretation of the interpenetrating text and context). Professor Baxi concludes by stating that if the aforementioned two aspects are taken away, it would be synonymous with taking away the idea of the Constitution altogether, responsible sovereignty, and the very idea of legitimate authority.

In the Foreword, Justice D. Y. Chandrachud, Chief Justice of India, highlights the challenges faced by persons with disabilities, and how the Rights of Persons with Disabilities Act, 2016, provides a comprehensive framework to deal with such challenges. Justice Chandrachud, thereafter, highlights the progress in academic discussion made by this Special Issue and the diverse range of topics explored by the articles therein. He concludes by advocating for a legal system that actively fosters an environment where diverse perspectives are valued and celebrated.