Basic structure doctrine is a North Star that guides interpreters of Constitution. Analyse the above statement & also highlight the elements that constitute BS through various judgments.

Basic structure doctrine is a North Star that guides interpreters of Constitution. Analyse the above statement & also highlight the elements that constitute BS through various judgments. Justice DY Chandrachud said that basic structure is a North Star in constitutional interpretation. Why North Star? i Basic structure doctrine saved the Indian democracy from the tyranny of legislative and executive organs of government. ii Basic structures are such fundamental principles of Indian Constitution which can not be changed by amendments. for eg: federalism, secularism etc i Judicial activism: It gives enough room to judiciary to act and innovate new ideas in a given circumstance. eg: Public interest litigation.

i Fills the Gap created by poor functioning of legislature & come cutout. eg: Visakha guidelines. E) Changing needs of 21st Century India. New rights and aspirations like LGBTQ+ rights, environmental rights, etc Major Concerns: i Judicial overreach. Many criticise judiciary for its own activism eg: Banning liquor on highway eg: Striking of NJAC act which intended to replace collegium system ii Blurring separation of powers doctrine: Article 50 (two Executive & judiciary) eg: Commanding legislator to frame a law.

Various judgements/PS: a BS doctrine emerged in famous Kesvananda Bharathi case (1973). Since then it's scope has expanded as SC has not given any fixed definition of BS. In this case BS = a Separation of power, b welfare state, c secular, d federal E) Indira Nehru Gandhi case: Judicial review, rule of law B) Minerva Mills case: Harmony between PRs & DPSPs I) Bhim Singh case: Welfare state E) Kumar Padma Prasad: Independence of judiciary I) M. Nagraj case: Principle of equality Basic structure doctrine eradicated that nothing is fixed and change is the only constant in emerging democracy like India, without judicial overreach should be avoided.