Precedent versus Legislation: A Critical Study of Judicial Law-Making in Post-Kesavananda Bharati India

Abstract

This research paper critically examines the dynamics between judicial precedents and legislative enactments in the context of post-Kesavananda Bharati India. The landmark Kesavananda Bharati case established the Basic Structure Doctrine, which significantly influenced the judiciary's role in law-making. This study aims to analyze how judicial interpretations and precedents have shaped legal frameworks in India, particularly in relation to legislative intent. Through a detailed examination of key cases and legal principles, this paper seeks to elucidate the balance of power between the legislature and judiciary, the implications of judicial law-making, and the evolving nature of constitutional interpretation in India.