In the Subcontinent through the application of judicial review, a new doctrine of basic structure has been evolved. Though the judges do not agree to the contents of the doctrine of basic structure, they agree that there should have something in the constitution which cannot be altered even by the Parliament in the process of constitutional amendment.
The paradox is that Judiciary is constituted as per the provision of the constitution. Now after their establishment they are dictating that the constitution cannot be altered.
The practical argument which is given in support of the doctrine of basic structure is that in countries like ours some safeguard against whimsical amendment by the legislators or military-rulers to the constitution.
Link:
https://shishyajohir.wordpress.com/2014/07/20/short-notes-on-judicialization-of-politics/
