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?
Main Body
Basic structure doctrine brought by Hon. SC in Kesavananda Bharati case (1973) states that there are some core principles of the Constitution which shouldn't be amended or changed. limited powers of parliament, Separation of powers (judiciary & executive) and independence & judicial are some elements of it. → So separation of powers is a basic structure limitless judiciary against basic structure. Judiciary is not accountable to people and thus serving undermines democracy. The limitless judiciary Cons. → Encroachment in area of Executive & legislative → By sirkha guiding [judiciary Activism]
— THAKUR, ANJALI AJAY · AIR 43
Diagram
A mind map showing separation of powers and limited judiciary as core components of basic structure, with judicial majortainism as emerging issue
THAKUR, ANJALI AJAY
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Basic Structure
Judicial interpretation and separation of powers
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analytical
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