The Constitutional Validity of the Agricultural Laws, 2020

Prachi Gupta
UILS, Panjab University, Chandigarh, India

Volume III – Issue I, 2021

The paper is premised on Indian Constitutional Law. It analyses the various provisions of the infamous agricultural laws through the lens of the basic structure doctrine by comprehensively scrutinizing the nature of the basic structure doctrine. In particular, federalism and the right to judicial review are the two principles of the basic structure doctrine which have been thoroughly scrutinized and relied upon. It further elucidates the requirements of the extraordinary test of arbitrariness, thereby explaining its functionality on the impugned laws. It elucidates how the right to appeal and the right to institute a suit, albeit not expressly contained in the ambit of the right to judicial review under Article 32, are protected by attaching a special test of the arbitrariness of legislation. The paper concludes that the impugned laws are ultra vires the basic structure of the Constitution of not one, but two principles embodied in the doctrine namely, federalism and the right to judicial review.


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