DOCTRINE OF BASIC STRUCTURE: SCOPE AND LIMITATION

Abstract

The doctrine of basic structure, a judicial innovation of the Indian Supreme Court, constitutes a cornerstone of constitutional jurisprudence in India, significantly impacting the balance of power between the legislature, the executive, and the judiciary. This chapter delves into the intricate contours of this doctrine, examining its genesis, evolution, scope, and limitations within the specific context of the Indian legal and political landscape . It further explores the philosophical underpinnings of the basic structure doctrine, dissecting its justifications rooted in constitutionalism, democracy, and the rule of law. A critical analysis of the doctrine's application in landmark cases will be undertaken to reveal its practical implications and potential for both safeguarding fundamental rights and encroaching upon legislative sovereignty. The study also considers the criticisms leveled against the doctrine, particularly concerning judicial overreach and its perceived ambiguity. Finally, the chapter assesses the doctrine's continuing relevance in contemporary India, evaluating its capacity to address emerging constitutional challenges and uphold the spirit of the Indian Constitution.