A Comparative Study on the Impact of Basic Structure Doctrine over Constitutionalism in the Contemporary South Asian Legal Systems and Bangladesh

The idea of limiting the power to amend constitution by imposing explicit or implicit limitations is a growing and migrating idea globally. In South Asia, the culture of nurturing the deep connection between politics and constitutional law is causing this idea to be popular. This is known in South Asia popularly as the Basic Structure Doctrine. This idea is being adopted in different South Asian legal systems differently. In Bangladesh it has been adopted in such a way which is creating a sanctuary inside the constitution for indemnifying provisions providing immunity to the unconstitutional practices of any regime. This can be fatal for constitutionalism. However, this is not the same in the case of other South Asian legal systems who have adopted this idea. This thesis, in this respect, discusses the difference between the Bangladeshi method and the other South Asian methods through a micro comparison and in a descriptive way and critically provide a descriptive comparison of their impact over constitutionalism in their respective legal systems. In line of this discussion, it critically analyses the faults inside the concurrent Bangladeshi method and proposes the possible solutions to nullify the threats after comprehensively and empirically analyzing each of them. On this issue it focuses to provide an exhaustive solution.