APPLICATION OF BASIC STRUCTURE DOCTRINE TO CONTEMPORARY ISSUES: A FOCUS ON JUDICIAL REVIEW

The Constitution of India, being the “mother law of the land,” is framed by the founding fathers with keeping in soul the parent patria concept to fetch the utmost good to its citizens (children). No other law of the land other than the constitution shall be supreme. Such a supreme power – our constitution adjusts itself and allows us to make alterations to run in parallel with our dynamic societal changes. Yet, some portions of the constitution should be touched to make any kind of alterations as it withholds the constitution as a basic pillar, as a balancing block, and so on to preserve the main purpose of the constitution. Such a static strong portion is called the name, “Basic structure of the Constitution.”

The concept was evolved in the many yesteryears, and through theories by eminent jurists and various precedents, it came into the contemporary shape to be called the doctrine of basic structure or doctrine of constitutionally controlled governance. There are various characteristic traits which fit in the purse of basic structure. And one such significant and paramount basic structure is the judicial review. In this article, we will know about the basics of basic structure, its origin, elements, its application with the contemporary issues, precedents which withheld those, judicial review, its relevance with stability and in synchronization with the basic structure with the relevant constitutional amendments and the contemporary tug of battle between the enacting and the interpretation wings of the Government.