While initially the process of making the Constitution started on these lines, on June 3, 1947, the Viceroy declared the partition of the country into two independent dominions. The declaration removed all shackles on the Constituent Assembly, which decided to have a federal constitution with a strong central government and states with enumerated powers. If the doctrine of basic structure applies to invalidate executive action since Bommai, it must also apply to legislative act with greater force, as has been held by the Supreme Court in more than one case. Equally, if not more important, are the issues relating to the fundamental rights and foundational principles that constitute the basic structure of the Constitution. If it does not so abide, it must be deemed to be acting against or in violation of the Constitution.

Source: Hindustan Times January 24, 2020 00:14 UTC