IN SEARCH OF BOUNDARIES

The concept of basic structure may not be as old as the constitution but has existed in a
latent form as early as the idea of this socio-legal document. The same could be seen with
challenges to fundamental rights as early as 1951 in which the State was adamant to fulfil its
aspirations of a Socialist State. The Judiciary had ensured that the socio legal document was
done justice to. The 9th schedule symbolised Legislature’s attempt to reserve its exclusive
power to amend the Constitution. SC, the primary and ultimate protector of public rights later
ruled that the 9th schedule was under the aegis of Judicial review. However, this seemingly
perfect system of checks and balances often witnesses a superimposition of powers.
The Court delivered dissenting judgements (Sankari Prasad Singh Deo v. Union Of India,
1952 and Sajjan Singh v. State of Rajasthan, 1955) which can be seen as analogous to
changing power structures in the Executive. The Judiciary changes its allegiance by refining
its understanding of the Constitution. While the Legislature, subject to dynamic changes
every few years, wrestles to implement its manifesto, align with party ideology or cater to
novel and immediate needs of the citizens. SC defined basic structure in the milestone case
Kesavananda Bharati v. State of Kerala,1973 which has been protecting the essence of the
constitution.
The attempt of Legislature to establish NJAC in 2015 which was later struck down by the SC
was seen as an ultra vires act of Legislature. The recent SC judgement Anoop Baranwal v.
UOI, 2023 added another player in the tug of war between the two where judiciary seems to
curtail legislature’s powers. Coming from a similar branch of Constitution and global history,
the two institutions stem out in different directions. We have tried to highlight that both
institutions try to tackle lacunas in each other while overlooking their own actions which
violate the basic structure. Thus we attempt to find the boundaries both must abide by with
the help of prominent case laws.

NAMES: Harshita Anand and Neha Kumari

DESIGNATION: 2nd year Law students at Law centre 1, Faculty of law, Delhi University
EMAIL:nehasheoran1991@gmail.com, anahars422@gmail.com
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