Reviewing Basic Structure in Light of Present Day Social Structuring

Abstract

“No Supreme Court and no Judiciary will sit in judgment over the sovereign will of the Parliament...... Ultimately, the whole constitution is a creature of Parliament”Basic structure theory has governed the development of constitution law like no other judgement in the Indian legal system, but does it come from a valid legal source? How far has the judiciary been within the bounds of its powers to make laws when it created the theory? Was it the intention of the Constitution Assembly or a concept that a wafer thin majority of 7:6 fancied? These are a few questions this paper attempts to answer.