Critics assert that limitless judicial authority rests on the structural ambiguity of the basic structure doctrine. Has the elastic nature of the basic structure doctrine made the judiciary more powerful than the executive?

In Keshavananda Bharati case, Supreme Court propounded the BASIC STRUCTURE doctrine, limiting Parliament from amending the basic and fundamental elements of constitution. Example: In INDIRA Swarup et al v. state of SC held "rule of law as a basic STRUCTURE". Critical Assessment of JUDICIAL AUTHORITY: 1. Judicial authority has WIDENED with BASIC structure doctrine, example: In CR Bommai case, Secularism Federalism as BASIC structure. 2. BASIC STRUCTURE has led to strengthening only IMPLICIT judicial review granted by Article 15 & 22.4. Example: In Chandre Kumar case, Court held JUDICIAL review as BASIC structure.

3. It has led to holding EXECUTIVE and LEGISLATIVE actions ultra vires, example: MINERVA mill case on upholding 39th Amendment. 4. It also has led to JUDICIAL ACTIVISM in legislative domain, example: Petitions filed u/s 370 and 35A withdrawal (executive action) as against BASIC structure. 5. As there is no specific structure, it has enhanced role of JUDICIARY in making decisions of legislative domain, example: Sabarimala case and accession petition. 6. STRIKING down of 99th Amendment of NJAC is termed JUDICIAL over-reach as continuation of "JUDGES appointing JUDGES". However, it is also argued that BASIC STRUCTURE doctrine has played a VITAL role.

1. It was enacted in HISTORICAL context of RAPID constitutional changes, example: 42nd Amendment as Mini Constitution. 2. It has protected BASIC facets and helped Supreme Court play role of "GUARDIAN of CONSTITUTION" (schedule III). 3. It had enhanced PUBLIC trust in JUDICIARY. 4. It is also in line with JUDICIARY under Article 142 for complete JUSTICE. 5. Ato H.K Ichare has highlighted need for Judicial restraint in ensuring BASIC structure doctrine for Balance of separation of power. Thus, based on the Prehle role and essay challenges, there is need for CODIFICATION of BASIC STRUCTURE doctrine to uphold SEPARATION of powers enshrined by Foresightness of Constitution.