Critique assert that limitless judicial authority rests on the structural ambiguity of the basic structure doctrine. How has the elastic nature of the basic structure doctrine made the judiciary more powerful than the executive?
Main Body
Recently V.P. Dhaulkhar TI has raised voice against supreme undecided powers to judiciary under basic structure doctrine. Member of Parliament former CIT Bogey TI also said that there are ambiguities in basic structure doctrine. In Kesavananda case 1973, Supreme Court in wider-their majority created this doctrine that our Constitution has some base structure i.e. sarl of Constitution that cannot be amended under Article 368 like federal structure, independence of Judiciary, rule of law, welfare state nominate ek. However, Supreme Court has not defined what is the basic structure actually rather it has evolved from cases like Minerva Mills, Raj Pasain,
Manela Gandhi, Homeswhat Prasad, S.R. Bommai and numerous others. Some ague that it provides discretion to judiciary to add to basic structure doctrine as and when required and there are no checks balances in this regard. However, CIJ DY Chandrachud has called it as "Northern star" guiding the judiciary and effective interpretation of Constitution under Article 145(3) and ensure its powers for judicial review (Article 19, Article 30) to protect rights of citizens. The black nature of doctrine is to make progressive interpretation of Constitution from Golatnath to Kesavananda Bhakdi case evolved to accommodate the needs of people and their wishes as enformed by Parliament.
Conclusion
The black nature of doctrine is to make progressive interpretation of Constitution from Golatnath to Kesavananda Bhakdi case evolved to accommodate the needs of people and their wishes as enformed by Parliament.
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Shoham Teberiwal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Significant Provisions
237
Total words
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