LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE

AUTHOR – PRANAV PAI, STUDENT AT JINDAL GLOBAL LAW SCHOOL

BEST CITATION – PRANAV PAI, LEGISLATIVE RIGHT V. JUDICIAL MIGHT: DECODING THE BASIC STRUCTURE DOCTRINE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 119-128, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

As guardian of the Constitution, the judiciary is one of the three organs of the State crucial for the stability and functioning of democracy in India. In protecting the fundamental tenets of the Indian Constitution over the past 50 years, the judiciary has utilised the Basic Structure Doctrine to ‘check’ the legislature’s law-making powers. While the principle of the Doctrine aligns with the broad approach of separation of powers followed in India, in practice, applying the Doctrine as a norm can compromise Parliamentary sovereignty and trigger an imbalance of power. Other problems like vagueness, subjectivity and inconsistent application also undermine its purpose and efficacy. The Doctrine must therefore be used with caution while keeping constitutional principles in mind.

While the Doctrine has emerged as a constitutional custodian, its application has often created complexities and power imbalances between the legislature and judiciary. A comprehensive analysis of the Doctrine using relevant case laws and scholarly articles reveals that it requires careful and considered application. Finally, though the Doctrine has transformed the legal landscape of India, a fine balance must be struck between judicial review and overreach, principle and practice, legislature and judiciary.

Keywords: Basic Structure Doctrine, Separation of Powers, Parliamentary Sovereignty, Amendments, Constitution, Judicial Review.