Continuation of Basic Structure doctrine question

ing constitutional morality. 2. Prevent conflict between legislature & judiciary Rig Kesavananda Bharati judgement brought an end to [unclear] government clearance of CAA case & enactment of 24 & 25 CAA. 3. Helps in understanding the needs of constitution markers. Rig SR Bomma declares federalism & secularism as part of basic structure. 4. Helps SC acts [fulfill] duty of being ultimate interpreter of the constitution. Rig Minerva Mills → balance b/w legislature & pdi judiciary However, sometimes leads to judicial overreach → disturbing separation of powers 1. Basic structure is not mentioned in the constitution & is a judicial innovation.

2. Uses the power of the parliament to exercise Article 368 & make amendments. → for eg, second amendment 97, in cooperation cleared in constitutional morality. 3. Used by judiciary for its own guani sometimes. Rig 99 en CPA strict dam NTAC for collegium system. 4. Dynamic & ever evolving gives un-ending powers to the judiciary. → balance to be established between executive & judiciary → SOP can be applied to prevent misuse. Hence, basic structure continues to be the guiding light of breaking peace between legislature & executive.

— Ria Kaur Sethi · AIR 89