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Showing posts from May, 2023

Feminist Critique of Rawl's Theory Of Justice

 Feminist Critique of Rawl's Theory Of Justice John Rawl's theory of justice, as presented in his book, ''A Theory of Justice'' has been subject to feminist critique, which argues that it fails to take account the experiences and perspective of women and other marginalized groups. One of the main criticism of Rawl's theory is that it assumes a gender-neutral society , where individuals are free and equal to pursue their own interest.However, feminist argue that gender is a pervasive and central feature of society, which shapes our experiences, opportunities and expectations. Therefore, Rawl's theory does not adequately account for the ways in which gender inequality affects the distribution of resources and opportunities. Martha Nussabum, in her book, "Sex and Social Justice'', argues that Rawl's theory neglects the role of emotions and relationship in shaping our experiences of justice. Nussabum contends that the traditional liberal fo...

The Basic Structure Doctrine

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 The Basic Structure Doctrine  As we celebrated 50 years of the landmark case of "Keshvanand Bharti v/s State of Kerala  ,in which the hon'ble Supreme Court held that the constituent power of Parliament under Article 368 does not enable it to alter the 'basic structure' of the constitution. In this case, while essaying the verdict, the Supreme Court defined the basic structure of the constitution and introduce , ''The Basic Structure Doctrine.''` Basic Structure means the foundation over which anything stands. In case, the base is removed the structure will fall. Thus, the doctrine of basic structure points towards those core features of the constitution which can not be changed. One of the initial references to the doctrine was in ''Sajjan Singh v/s State of Rajasthan '' case, in 1963. The court observed that ''constitution formulated a solemn and dignified Preamble which appears to be the epitome of basic features of the cons...