Importance of Shirodhara in sleep disorders.

 Ayurveda ennumerates three important aspect of life that’s called as trayopasthambha ( three basic pillars of life ).  It includes Ahara ( food) , Shayana ( sleep ) and brahmacharya ( reduce over indulgence in sex ). Some of the commentators read Brahmacharya with a prefix “aa” that makes the word exactly the opposite of Brahmacharya in sanksrit. Scholars of this opinion says then Trayopasthambas as food, sleep and sex. Taking the sleep in particular,  Ayurveda projects its physiology,  classification and importance in various contexts.  In Charaka samhitha , sleep is classified into six types according to its causative factors. They are , sleep without any external imbalances ( surroundings) , due to depression , due to increased accumulation of Kapha,due to tiredness, due to some chronic debilitating diseases, or due to some external injury or imbalance of doshas.

 

 

Sleep in ayurveda is predominantly an aspect of Kapha. It makes Tamoguna (inertia) of mind. The disturbances in sleep is induced by Vata and Pitta. So.. that which promotes kapha without aggravating the Vata and Pitta will be considered as the stimulant of sleep. With this understanding,  one can examine the Ayurvedic procedure shirodhara and its impact based on modern physiology of sleep.

 

 

Sleep generated and maintained is more of a balance between two systems in the brain. One is the Synergistic effect produced by Hypothalamus to make the body rest, and the other is Circadian rhythm (Biological clock ) coordinated by the Pineal gland with the hormone Melatonin.  The procedure Shirodhara impacts these two system by inducing a cooling effect into the brain.  There are lotsof studies suggest that the temperature in the brain if drops slightly, can stimulate the secretion of Melatonin.  In this way Shirodhara promotes the sleep cycle and thus have a complementary impact to reduce stress.

 

 

During Shirodhara , the oils that are using is of Vatahara property.  These oils are prepared by saturating it with various fats soluble contents from medicinal plants that have combined effect on controlling Vata. As ayurveda considers neurochemical impulses and brain waves as the feature of Vata , controlling such a hyperstimulated impulses will calm the brain and help to get a stable relaxed sleep. Since these oils are also having a muscle relaxant effect , and is poured directly over the head slowly in a slightly warm . It helps to relax the msucles in the scalp and head that will help to reduce the vascular tension and assure proper blood flow to the brain. Once the blood supply is sufficient,  brain will feel more relaxed and the person will be prone to sleep.

 

 

There is another widely  applied phenomenon called ASMR( Autonomous sensory merdian response ).  The exact mechanism behind this phenomenon needs further studies. But the tingling,  pleasurable sensation we feel when there is gentle touch over the head is one of the implication of ASMR. Shirodhara also make use of this mechanism to make the brain more comfortable to fall asleep.

 

 

Shirodhara thus is a combined effect of all these phenomena.  It relaxes the mind-body system and help to get rid off the stress factor there by promises a good stable sleep.

Frozen shoulder, An Ayurvedic perspective .

There are numerous diseases that have its pathology either in neurological or musculoskeletal system, that are grouped in broad term called Vatavyadhi. Since vata dosha is the etiological factor here, the term Vatavyadhi is even extended to psychosomatic and gastrointestinal system. Among this set of diseases mentioned in Ayurvedic texts, the most proximate reference about frozen shoulder (adhesive capsulitis) is the term Apabahuka. Apabahuka can be correlated with other conditions of shoulder joint including periarthritis, Subacromial or subdeltoid bursitis, subcoracoid bursitis, Bicepital tendonitis, Osteoarthritis of shoulder,  Brachial plexes neuropathies etc..

 

When we look at the pathology behind frozen shoulder , it involves degeneration of focal necrosis of supraspinatous tendon. In Ayurveda, this adverse change is viewed in two ways. Firstly the dryness of sleshaka kapha (shoulder tendon and capsule) will happen and lead to the pain. Secondly , Kaphavruthavata ( Entrapment of vata by Kapha ) , will also make the joint inflammed and stiff. It’s the skill of the physician to rule out the kapha component in its pathology otherwise, treatments will be often contradictory even though there is aggravated vata in both the cases.

 

According to Ayurveda, the aetiology of this condition can be many.  It can be directly due to an external trauma, due to heavy exercise that make the shoulder inflamed ,improper posture during sleep, and also due to excessive intake of food that have tastes like katu (acrid), thikta (bitter) , kashaya (astringent) that are laghu (light) ,sukshma(subtle) and Sheetha (cold) . Because of these factors , there will be lack of adequate blood supply in the areas of insertion of tendons (snayu) or can cause degeneration of collagen fibers (upadhatus) . Such a pathology sometimes trigger an autoimmune response and results in abnormalities in tendons and ligaments.  When these supporting structures loss their ability,  It will make the joint less stable and movements of the joints became either painful or restricted.

 

Ayurvedic treatment principles for vatavyadhi can be judiciously applied in the case of frozen shoulder by carefully understanding the kapha component in its pathology.  The protocol involves Snehana (oleation) , swedhana ( sudation) , Vasti ( retention of oil in the affected areas and Nasya ( errhines). Snehana involves oily massages and snehapana (internal unction) to reduce the depleting impact of vata. Various types of deep tissue massages along with sudation can increase the circulation to the affected area and also will make the muscles and associated structures less stiff. It will also help to bring back the range of motions that might have restricted due to stiffness and pain. Various types of Kizhi ( warm medicated bolus ) that are nourishing to the joints can also be applied.

 

 When it comes to the diet, food that pacifies vata and food that assure antiinflammatory actions and nourishment are to be chosen. It is advisable to take easily digestible food that can have faster nourishment.  Intake of Godhuma ( wheat) , masha ( ural dal ) and Kulattha ( horse gram ) are good to curb vata. Intake of Ghrutha (ghee) , cows milk, Goat’s milk, are good. Fruits like Draksha (grapes),  Dadima ( pomegranate ),  Apples, are beneficial.  Since it’s a vata predominant condition,  the food substance has to be always warm and if possible slightly oily and nourishing.  Intake of fish is good if its not along with milk products. Doing mild exercises without causing further damage is always good to regain normal range of motions. Avoid sleeping in abnormal postures, avoid excessive use of sugar, fried /dried food items,  frozen dairy products and the patient should be completely abstain from consumption of alcohol. Yogasanas like shalabhasana ( locust pose),. Suryanamaskara ( salutation to sun ) , Gomukhasana ( cow face pose) are found to be affective in treating frozen shoulder. 

The Art of Pulse diagnosis

In Ayurveda, pulse is considered as a subtle manifestation of universal consciousness runs through a person’s constitution. The Sanskrit literature contains a number of words that can be translated as Pulse. The most commonly used word is nadi, which means a river of life expressed through the pulse although there are other words like snayu, tantu hamsi etc are used often.

Ayurveda uses darshana ( inspection ), sparshana ( palpation ) and prashna ( interrogation ) as the clinical barometers and they apply to Nadi vijnanam as well.  In this context, Sparshana is the tactile experience from most perceptible blood vessels, that can be radial pulse, temporal pulse, jugular pulse, carotid pulse, or femoral pulse, based on the clinicians understandings, diagnostic relevance and patient’s convenience. The basic principle of diagnosis starts by categorising the pulses based on doshic status. Vata pulse is superficial, cold, light, thin and feeble. It moves fast and may become irregular. It is best felt under index finger. Vata pulse is cold to touch because of insufficient insulating material in the form of subcutaneous fat which is why people with a vata constitution lose heat and hate cold.

Pitta pulse is full with a strong throb. It is hot and abrupt with high amplitude, good volume and considerable force. It is best felt under the middle finger, is hot to the touch because pitta people have strong body heat and high BMR( Basal metabolic rate). Kapha pulse is deep, slow, watery, wavy and cool to the touch. People with kapha constitution retain heat in the body because of the thick layer of fat under the skin. The temperature of the pulse will be sometimes cold or warmth based on the underlying pathology of the patient.

The position for reading these pulse is very important. The rule is to feel the pulse from the radial side and never from the ulnar side. When viewing the body in the anatomical position, the radial side next to the thumb is considered the outer side and the inner side next to the little finger is the ulnar side. On the radial side there is a bony protuberance called radial tubercle. There are two schools of thought about finger placement. The index finger can be placed above or below the radial tubercle. If the finger is placed above the radial tubercle, a gap is created between the distal and middle fingers, so some authorities say to avoid the radial tubercle. However, the index finger is never placed on radial tubercle because this position will give an incorrect reading. 

Other than the dosic pulse, Disbalance of doshas and it’s underlying pathologies are best felt under seven category of pulses. Even though the gross manifestation of the three doshas are perceived under the index, middle and ring finger their subtle qualities are felt under each finger at the distal, middle and proximal curvatures.

While feeling the pulse, the most subtle dosha is vata. It is light, mobile and subtle. With very little pressure the flow can be blocked. Even if vata is partially blocked by the fingers, its subtlety will not create a spike at the proximal curvature of each palpating finger. It will easily go through to find space to expand and create a spike at the distal curvature.

The second dosha pitta, is also laghu, light but it is liquid and substantial in nature while vata is light and empty. However, because of the lightness and   drava guna (liquidity) of pitta, pitta spike will be felt on middle curvature of each of the three fingers. 

Kapha is guru ( heavy), sthira ( static) and Manda (slow). Because of these qualities, kapha stops at the site on the finger closest to the heart and creates a spike at the proximal curvature. 

For diagnostic purpose, The scheme of pulse daignosis is divided into seven levels. It include Vikruthi pulse ( disbalances in internal organs ), Manas vikruthi ( disbalance in psyche ), Sub doha prakruthi ( for understanding subtypes of doshas ), Ojus - Tejas- Prana pulse ( Vitality, Enthusiasm and life), Dhatu pulse ( for understanding the functions of tissues, Mana prakruthi ( Psychological ), and also there is prakruthi (General body Constitution ). In first level ie Vikruthi, all the three fingers has to feel all the doshas, that means each fingers will have vata, pitta and kapha spikes. For example, if we take  the index finger, the distal curvature will be vata, middle region will be pitta and proximal curvature will be for vata spike. Mana prakruthi at the second level will also have such an order of doshic spikes. The detailed analysis of each point is out of the scope of our brief discussion. 

 

We have discussed the spikes of Vata, pitta and kapha and how they manifest through the pulse. It is convenient to divide the reading of the radial pulse into seven levels. But at this point we will move our attention to Prakruthi and vikruthi and how to read them on the seventh and first levels of radial pulse. To avoid confusion, be aware that the location of Prakruthi and vikruthi are referred to in several ways- levels seven and one, deep and superficial, balance and imbalance. Prakruthi is one's basic constitution, established at the time of conception, and is read at the seventh, the deepest level. Vikruthi is our present state and is read on first superficial level of the pulses. When deep pulse corresponds to the superficial pulse, that person is healthy and balanced. Once the Vikruthi is understood correctly then the physician can move to other levels like mana prakruthi, sub doshic level, organ pulse etc.. 

 

 

The Ayurvedic art of learning is more than mechanical or technical. Technique is a small part, but perception, sensitive observation and awareness are very important. For example, when you and I look at an object, we look from different angles. When our perception is on the same level, at the same time, with the same intensity and on the same platform, then we will perceive the same object and our observations will go hand in hand. However, there will still be personal differences. That doesn’t mean that one person is wrong but, in the case of reading the pulse, that person may be on a different level. Prakruthi pulse is the seventh level and if one examiner comes only to the sixth level, readings will be different. Even though there are differences of perception, its possible that two examiners may be reading the pulse at different levels. So, all it takes is a continuous practice and sensitivity to feel the spikes very precisely so that it will help the physician to arrive at a proper diagnosis. 

In present scientific advancement, we have so many diagnostic tools to understand the pathology. But the relevance of pulse diagnosis is really helpful to arrive at a doshic level understanding of the condition so that the physicians can select the drugs more accurately to treat it.

 

 

Concept of Rtu Sandhi(Seasonal junctions)

Everything in the nature has a systematic change, which is generally gentle. So, the seasonal changes too. Though we represent these changes annually based on some incidence like rainfall, snowfall, shedding of leaves and so on, it’s not just a momentary shift in the climate but a gradual transformation. There exists a time period in which both the consecutive season intermingle and interact. This duration is of great importance since it’s the gap junction for people to prepare themselves for the upcoming season by letting go with the preceding seasonal regimes. In Ayurveda, this time frame is called as Rtu sandhi. ( Rtu- season, Sandhi- Joint).

Ashtangahrudhaya sutrasthana, explains the concept of Rtu sandhi in a special chapter dedicated to seasonal regimes. It’s also mentioned about the significance of Rtu sandhis. “ The last seven days of a season and the first seven days of the next season is considered to be of period of climatic transition. In this period, one should taper the regimes of previous Rtu and practice those of the next rtu in a gradual phased manner. Immediate abandoning and adoption of regimens will cause various diseases due to improper adaptation.”

 Significance of Rtu sandhi between Sarat and Hemanta.

With the arrival of autumn, we begin to notice the beauty in the shifting leaves outside and the crisp chill that signifies the end of summer. But, as we shift from shorts and swimsuits to sweaters and scarves, it is important to recognize the ways in which our bodies adjust to the seasons internally. Bare branches and orange leaves scattered about the grass make the changes in our external environment obvious, but our physical response to the shift in seasons is often much more subtle.

The most common response to these seasons is drier skin. This can be attributed to the decrease in temperature and humidity in the atmosphere, which forces the skin to work harder to maintain hydration. This means that every seasonal change in weather acts like a shock to the system, disrupting the typical chemical balance of our skin and causing dryness and sometimes severe acne. . If we analyze these seasons in Ayurvedic perspective, the aggravated Pitta during Sarat rtu will come back to its normalcy during the course of Hemanta Rtu (Early winter). Vata dosha will back to its normalcy during Sarat and on the other hand Kapha dosha starts accumulating in the Hemanta(Early winter). When these twists and turns in the Doshic status occur, the Rtu sandhi between Sarat and Hemanta is greatly important.

Like many other mammals, humans are known to store fat during the winter months. In Ayurvedic aspect also both Hemantha and Sisira seasons are considered as the period for accumulation of Kapha. The body does this kind of metabolic effort to preserve body heat and to counter the aggressive agni not to cause further depletion of Dhatus(Body tissue).

At Psychological level.

Seasonal affective disorder, or SAD, can cause major depressive episodes, usually beginning in late autumn and early winter.(Rtu sandhi) The journal Archives of General Psychiatry found that SAD causes individuals to secrete the hormone melatonin for longer periods during winter nights than during summer nights. This implies that SAD drives people to sleep more during the winter even when their bodies are fully rested. Similarly, the Journal of Psychosomatic Research published a study in which participants slept nearly three hours more each day in October than any other time of year. They linked the results of this study to the fact that hypersomnia, the medical term for excessive daytime sleepiness, sometimes occurs when the air starts to crisp up as it does in the Autumn. So, during the transition period of Autumn(Sarat) and Hemanta( Early winter) , its quite challenging for the body to cop up with these change.

As the Sarat – Hemanta transition is represented as the interplay between decrease of aggravated Pitta on one hand and accumulation of Kapha on the other hand , this kapha will increase the Tamoguna properties that will make people more gloomy and depressed though the Pitta will try to make the digestive fire comparatively active.

The way of seasonal improvisations.

Intake of sweet substances is equally recommended in both Sarat and Hemanta Rtu. So, Rtu sandhi regimes no need to be altered in this regard. But, Taking Tikta(Bitter), and Kashaya(Astringent ) tastes has to be reduced by incorporating more Amla( Sour) and Lavana(Salty) tastes in the diet. Taking food items with Ruksha(dry) properties and are laghu(light) like Rice, Green gram, Gooseberry, snake gourd, Honey, and meat of animals living in arid land, are to be reduced. And Simultaneously, intake of more Snigha(Oily) substances has to be increased. People should start taking meat soups, Alcoholic beverages without getting addicted, blackgrams, sugarcane juice, Milk products, sesame oil etc judiciously. These food regimes mentioned in authentic texts may not be available in our daily diet plan. So, we have to understand the idea behind these sayings and to apply it suitably with respect to the Rasas (Tastes) mentioned. Tastes in this context is not just a palatable sensation. But it’s an ayurvedic way of expressing a substance based on its physiological impact in the body.

The application of oils and gentle body massage can be started during the time of this Rtu sandhi. Otherwise, subjecting oneself to high pressure body massages and exercises as a part of Hemanta rtu charya will lead to aggravation of Vata and that will cause further depletion of dhatus. Use of Hot water for toiletry purpose is also to be considered as a lifestyle modification during this period. People have to be prepared with thick cloths and other attires inorder to welcome the winter.

The concept of Rtu sandhi is a logical approach. The idea is in fact a safety valve to systematically incorporate the seasonal regimes without getting inflicted by the wrath of any season. As the global climate is getting more extreme year after year, its high time that we should follow the seasonal regimes properly in order to keep ourselves healthy.

Ayurvedic Recommendations for Early winter season.

World climate is so diverse. Its influenced not just by the distance from the sun but also by other regional factors like wind speed, distance from the sea, ocean currents, shape of the land, distance from the equator and many geographical phenomena.. These diversities result on changes in culture, food habit, clothing, types of shelter and other lifestyles. So, it is necessary to interpreted Ayurvedic concepts of Rtu charya(Seasonal regimes) in accordance with climatic region on which its about to apply..

Ayurveda enumerate six seasons namely Sisira (Extreme winter), Vasanta (Spring), Greeshma ( Summer) Varsha (Rainy ), Sarath ( Autumn), Hemanta (Early winter). Each one of these six season has direct impact on three doshas, either by increasing or decreasing each doshas. This disbalance can be corrected with proper Dinacharya ( daily routine ) and Rtucharya ( Seasonal regimes).

One of the most crucial season for people who are in northern temperate region is winter. Ayurveda considers Hemanta as early winter and Sisira as extreme winter. In hemanta, cold atmosphere increases Agni (the digestive power) and in the absence of adequate food, it break down body tissues. Inorder to prevent this depletion, it is advisable to consume Madhura(sweet), Amla( Sour) and Lavana(Salty) rasas. These rasas will increase Kapha and decrease Vata.

Daily routines.

During Hemanta, people who may sleep earlier as the night falls soon, will feel hungry in the early morning itself. After doing their morning routine, they have to do Abhyanga ( oil massage), Murdhataila ( oil application on head), with vata pacifying preparations. High pressure massages with feet is also mentioned in this context by the name Padaghata. After these exercises, the ideal shower should be with water added with drug powders that are kashaya rasas ( Astringent ). The logic behind using kashaya rasas is to remove oils after the massage properly. These kashaya rasa substances are generally Ruksha( Dry) in property that can wipe out the snigda ( oily) in the body. One can use barks of Panchavalkala( group of 5 types of banyan tree) to prepare the water for bathing. If not so available, can use any toiletries that can remove the oil from the body properly. Ayurvedic texts also advice the people to apply paste of saffron and musk on the body and fumigate with agar. Although its not very practical in today’s lifestyles, people can take steam bath without such external applications as well. New year resolutions of youth to start going to Gym, is also supported by Ayurveda with respect to the seasonal regimes it mentions. Its also helps people to keep the body warm enough.

The Diet.

The Ashtanga Hridaya text tells us that the 3 primary tastes we must eat in Hemanta Ritu are Madhura (sweet) Amla (sour) & Lavana (salty).Meats and meat soups prepared with oils/fats, salty and sour juices of healthy aquatic and marshy animals are specifically recommended. In this season, we should regularly eat preparations of cow’s milk, sugarcane juice, fats, oils (like sesame oil), beverages made with molasses & rice flour, pastries made with wheat or rice flour or black gram, new rice (from fresh paddy). We should also regularly drink warm water throughout the day in winter inorder to assure proper digestion. Its better to avoid taking raw vegetables in this season. Though we have a strong digestive fire, there is a chance of getting indigestion after eating raw vegetables as the atmosphere is comparatively cold.

Lifestyle adaptations.

Ayurveda suggests thick clothing in this season. Usage of blankets, hot water for toiletry purposes, thick shoes and Fomentation therapies are highly recommended. It is also said that the one who stays underground, warmed with burning charcoal at the hearth will never be affected with intense cold. The intention of these lifestyle changes is to keep the body warm without being subjected to hypothermia. Ayurveda also says, Hemanta season is very suitable for having sex though the popular social media campaign NNN stands in contrary to it during the month of November.

To sum up, Hemanta season is a period of increased Agni. Our digestive capability will be more in thus season so that we have to consume heavy foods to satisfy the biofire. Lifestyle modifications to keep out the cold is to be practiced based on the situation at which one lives. Exercises are also recommended to develop the physique and also to maintain the body temperature. By following such principles, one can get the best out of this season without any if its negative impacts so that the lifespan of the individual will be increased.

New age Yoga, a Corporate media creativity

 Did you see a beautiful lady with popularly idealistic body measurements pausing for a provocative posture in pictures..? Yes That's how the new age yoga works.Let us examine how the word 'Yoga' plays its art of misinformation and disinformation in today's health concious population. Let us also critically analyse whether there is any need to celebrate Yoga this much..

Scientific or spiritual is the better way of advertisements??

You can consider Yoga in whatever way that suits you. If you are a medical professional, you can choose it as a way of treatment. If you are a counselor / therapist, you can consider it as a meditation tool. But the problem is, what it can assure more than a regular exercise? If you want to make your body flexible, there are routine exercises other than Yoga, that can have better guaranteed results. But why people prefer Yoga now a days?? The reason is the way its portrayed in the media with the help of some hyper flexible yoga practitioners, predominantly women. If you simply do an image search of the word Yoga, you will not see any men doing Yoga.People will get amazed on such pictures and aspires to try with some level of curiosity, attraction and hope. Yes,the success of 'Yoga' is just the success of its advertisements that suitably mixed up with beauty consciousness and health consciousness in a culturally, traditionally, medically and spiritually plastered outfit. This is what makes Yoga different. The bogus claims made by some Yoga practitioners are more mythical than scientific.

Yoga vs poverty and casteism.

Can you imagine a poor man doing yoga except in a street circus.?? Yes, may be a saint. That's what am trying to say.. Yoga is considered as a divine way of life, almost similar to vegan diets promoted by some people to establish their purity of life. Yoga has become a part of life mostly to the elite class of indian population. Its now been deemed as a lifestyle routine of the people live in better social and economic condition. Definitely, there will be a tendency to adapt to the way of celebrity lifestyle and there may be people who tries to do so inorder to gain a sense of superiority, atleast to themselves. There is nothing wrong to live the life as a person wish to, within the legal limits, but establishing one form of lifestyle as ideal and other as bad to earn popularity to the former, that suits only to a particular section of the society is wrong and discriminative. There exists a brahminical sensibility in it if you analyse it carefully..

Yoga and Corporate agenda.

There are lots of MNCs that provide Yoga sessions to its employees to reduce their mental stress on workplace. People think that its a great thing. It is. But, why the company don't hire more employees to reduce the stress of its existing workforce.?? Why the company is not reducing working hours?? They wont, instead of that, they will give free Yoga sessions. Likewise, Yoga has become a safety valve for labour exploitation. In corporate world, we can see the trend of Yoga for lifestyle diseases. Its also a try out to avoid body-shaming and racist jokes in office room. Its more like a cosmetic attempt than a medical treatment. I am not saying Yoga doesn't have any healing effects. I am simply questioning whether is it overrated or not..?

Yoga and mental health..

Can you to tell an anxious farmer to go and do yoga before or after his hectic work?? But for an office goer with a decent salary can be a suitable customer of Yoga. Why is that..? Its because of the time availability. Its good to have a Me-Time to everyone to assure their mental health. But, Yoga can be a meditation tool regularly when you have enough time to spend for your own happiness. Look at those people who says they are happy after doing yoga. May be they can be happy after the session, but if they are having a life that allow them to find time for themselves regularly, then what's the point in saying that they are mentally stressed..? One can argue that the stress level of an individual is incomparable. But i think, if a person is happy after doing yoga, which means that person was already happy before Yoga.

So... New age yoga is more of a media creativity with lots of toxic and dangerous elements on it. Health hazards induced after doing Yoga is also a reality. Yoga may or will have some benefits, but what you see as Yoga may not be what you are actually looking for.

Basic structure doctrine vs Parliamentary Democracy

Honourable vice president of India Mr. Jagdeep Dankar's remarks on Indian judiciary once again created a controversy and dragged the concept of Basic structure doctrine into discussion. This article examines the validity of basic structure in a constitutional democracy by balancing the mandate of the people and the Constitution by which they are governed.

The concept of Basic structure of Indian Constitution is actually a judiciary creativity that makes Supreme Court of India literally supreme. It’s the fundamental values of our constitution that have to be protected to uphold the spirit of Justice. As it’s an ill defined area that give unchecked scope for judiciary to overpower the democratic spirit of the parliament, it has gone through a long way of criticism from different corners of the Indian society. 

Starting from the landmark judgment of Kesavanantha bharathi vs state of Kerala, 1973 to the recent judicial review that declared NJAC unconstitutional, basic structure doctrine played an important role in Indian polity. In any democracy, there is an idealistic argument that, mandate of the people should be the ultimate. So, the question is, what if the mandate of the people went wrong or manipulated to an extend that bypass the Justice.?? Should we uphold the Justice or Democracy..? 

 Why we can’t define basic structure?

Indian constitution is a living document. It incorporate all the moral values of different sections of the people of this country. So, when the ‘law’ fights on the basis of principles, we cant make an objective approach to look into it. Since we can define the validity of a moral value on the basis of circumstances, defining the basic structure of our Constitution will be a self limiting exercise. As the society changes, values changes, circumstances changes and the suitability of law changes, Basic structure have to change in such a way that it can uphold the Justice. In order to find it’s application in such a broadly diversified society, a definite basic structure can not be fruitful. To uphold these constitutional principles, these has to be vague enough for the judiciary to interpret in a multi pronged way. 

Inception of basic structure doctrine.

The article points out the landmark judgments through which the judiciary hinted what are the basic structures of our constitution. Then the natural question is why it’s not mentioned in the original constitution? The answer is again simple. Circumstance. While the constitution makers were drafting this document, they debated about all these issues and arrived at a conclusion that’s resulted in couple of articles that are in support of something called judicial review.

 Article 372 (1) establishes the judicial review of the pre-constitution legislation. Article 13 declares that any law which contravenes any of the provisions of the part of Funda­mental Rights shall be void. Articles 32 and 226 entrusts the roles of the protector and guarantor of fundamental rights to the Supreme and High Courts. Article 245 states that the powers of both Parliament and State legislatures are subject to the provisions of the constitution. Article 137 gives a special power to the Supreme Court to review any judgment pronounced or order made by it. An order passed in a criminal case can be reviewed and set aside only if there are errors apparent on the record.These provisions from the Constitution explicitly talks about the concept of Judicial review that is a base for evolution of basic structure doctrine. Especially during Indhira Gandhi Era, she amended the constitution up to a critical extend of rewriting it by editing it to suit her parliamentary authority over anything, like a dictator. 

Theory of checks and balances.

When democracy takes a wrong turn to dictatorship, the justice can only prevail by encompassing constitutional values to curtail the power of authoritarianism using basic structure doctrine. Following the Indira Gandhi era, the judiciary opined some key principles like judiciary review, federalism, fair and free election, Right to life, separation of powers, sovereignty and integrity of India, secularism etc as the basic structure of the Indian constitution through various judgments. Any democratically elected government can bypass the social justice through authoritarianism that parliamentary democracy can easily justify. But the true spirit of democracy in it's ethical sense can be effective only when the aspirations of the minorities too find a place. Since the parliament as an institutions collectively reflects the party politics and it's worst forms of democratic exercises, there must be someone else to question the same as the opposition may fail in the temple of democracy. There comes the relevance of the balancing act that is to be assured by the judiciary to provide complete justice.

Judiciary activism.

The article also highlites the criticism of basic structure doctrine in the backdrop of democratic principles. It quotes former finance minister Arun jaitley who says "it's the tyranny of unelected". Basically , Courts are not meant to uphold will of the people. Though it often comes up with populist verdicts considering the public opinion, it doesn't actually have to stands for it. Public opinion may be manipulated, and most often befriended with emotional aspect of an issue that courts can't completely rely. It's ultimate aim is to uphold justice that may or may not be satisfied with public reaction as it doesn't work on the mandate of the people. So, structurally formed as undemocratic institution, the courts shall not bound to pronounce verdicts that pleases the masses.

Basic structure doctrine vs Parliamentary democracy.

So many of the politicians criticise Basic structure doctrine by saying it as a judiciary over reach. As our constitution upholds separation of Powers between Executive and the judiciary, basic structure doctrine is one way self contradictory. One can also argues that a reform passed in the Parliament thats supposed to be a reflection of the decision of the people can not be scrutinized on the basis of some vague principles. People of this opinion says, Judiciary itself is becoming a dictator by identifying themselves as the protector of fundamental rights of our citizens. When a house of mostly elected members from all parts of this country passes a bill and if judiciary qaushes it in the name of justice, its clearly an act of devalueing the citizens of this country. Such an opinion of the public can't be declared unconstitutional by a non elected body in the opinion of few judges who were not much subjected to public reactions. If Parliament turns into a majoritarian regime, atleast there can be an advocacy with respect to the spirit of democracy. But if the courts do the same without any botheration of the needs and aspirations of the people, it does more damages to the foundational principles of our constitution. When it comes to Right and wrong in a larger social perspective, true justice should seek and address the aggrieved. But judiciary activism defenestrates all such moral and ethical values when they overpowers the Parliamentary decisions. If such an act by the judiciary becomes rampant, the only option infront of the Parliament is to amend the constitution. But, if the amendment itself is declared unconstitutional by the judiciary, then Parliament is absolutely at the dead end without any other options to proceed further. This kind of situation is more an ethical dilemma than a legal tussle. Those who argues against the basic structure doctrine questions such a dictatorship of the judiciary, is also a valid argument.

The ethical solution.

Majoritarianism in the Parliament and the unhindered judiciary overreach are equally dangerous to the society. Since the people of this country respects both of these institutions and still have faith in both. That faith is what ultimate democracy means. So, Judiciary and the Parliament should act simultaneously as a checks and balance of each other to restrict themselves from going to an authoritarian or autocratic regime. So, its fine to have a conflict between judiciary and the executive or else both can be dangerous. As the Parliament have justification in the name of democracy, judiciary can also have their Basic structure doctrine.