Critics asserts 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? (Answer in 250 words) 15 marks.

Basic structure doctrine emerged under Kesavananda Bharati case, where SC upheld Article 368 power of amendment but with restrictions. Limitless judicial authority and structural ambiguity of basic structure doctrine: (1) No constitutional basis - depends on discretion of judiciary. (2) Calls for judicial overreach - which is an unelected body. Structural ambiguity in basic structure doctrine

Other structural ambiguities: i It can be used as a tool to impose judicial ideology over other organs. ii No check once basic structure formulation. iii Causes delays in political/executive functioning, e.g., Cooperative list stuck over 11 years (Article 368). iv Limits the authority of state. (Article 368) i Shunning down various governments act. ii Judicial overreach, e.g., Vishakha guidelines. iii Undermines division of powers between the organs of state.

However, the basic structure doctrine has helped in following: Positives for the doctrine: (1) Protecting federal spirit, e.g., Under S.P. Banwai case, it was held that federalism is a basic structure doctrine. (2) Protecting fundamental rights, e.g., Menewara PIL case. (3) Restricting states authoritarianism. For basic structure doctrine to be successful, judiciary must exercise restraint (Madhu Mohsugi case) and allow the elected authorities to function well.