Indian Law Lab

Supreme Court of India | Image Source: fb.com/groups/TheSupreme.Court/ ( here ) The Hon’ble Apex Court has held that the constitutional amendments or statutes cannot damage or destroy the basic structure of the Constitution. 1 By subjecting legislature to judicial review, the court limits the extent and couch essential non-legislative checks on the powerful political configurations. Thereby, it entrusts the basic structure or the framework of the Constitution intact. Hence, basic structure theory plays a very critical role in our constitutional jurisprudence 2 .  The Hon’ble Apex Court has also described that preserving an Independent Judiciary is vital to democracy and constitute as a basic feature of the Constitution. 3 It is a set precedent that the Independence of the judiciary is a very crucial part of the basic structure of the Indian Constitution, and hence cannot be compromised at any cost, 4 is agreed upon. But, is the primacy of the judges in judicial appointme