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Grounding The Basic Structure In Legal Theory, Sanjay Jain
Grounding The Basic Structure In Legal Theory, Sanjay Jain
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This article contributes to the everlasting debate on theorising the Basic Structure doctrine of the Indian Constitution. Having demonstrated that it cannot be justified either in orthodox positivism of Austin or Kelsenite normativity, the author makes the case to ground the debate in the modern avatar of analytical jurisprudence, popularly known as inclusive legal positivism.