Basic structure doctrine

Introduction

  1. The Basic Structure Doctrine is a judicial principle that prevents amendments that can alter the fundamental essence of the Indian Constitution.
  2. It ensures the Constitution’s supremacy and safeguards its core principles from arbitrary changes.
  3. This doctrine was established by the Supreme Court of India in the landmark Kesavananda Bharati case (1973).

Origin of the Doctrine

  1. First hinted at in the Sajjan Singh case (1965), where some judges expressed concern over the unchecked power of constitutional amendments.
  2. Further deliberated in the Golaknath case (1967), where the Supreme Court ruled that Fundamental Rights cannot be amended by Parliament.
  3. In the Kesavananda Bharati case, the doctrine was formally established to strike a balance between amendability and protecting the Constitution's essence.

Kesavananda Bharati Case (1973)

  1. A 13-judge bench of the Supreme Court delivered the judgment on April 24, 1973.
  2. The Court ruled that while Parliament has the power to amend the Constitution under Article 368, it cannot alter its basic structure.
  3. The judgment overruled the earlier Golaknath decision but introduced the concept of basic structure as a limitation.
  4. Highlighted components of the basic structure include:
    • Sovereignty, democracy, and republican form of government.
    • Secularism and federalism.
    • Separation of powers and judicial independence.

Components of the Basic Structure

  1. The basic structure doctrine has been elaborated upon in subsequent cases, identifying various elements:
    • Sovereignty and Integrity of India.
    • The Preamble as the guiding principle of the Constitution.
    • Fundamental Rights and Directive Principles of State Policy.
    • Judicial review and the rule of law.
    • Free and fair elections.
  2. These elements ensure that the spirit of the Constitution remains intact.

Significant Judgments

  1. Indira Gandhi vs. Raj Narain (1975): The Supreme Court invalidated the 39th Amendment, reinforcing the doctrine.
  2. Minerva Mills case (1980): Declared that limited amending power itself is part of the basic structure.
  3. S.R. Bommai case (1994): Strengthened the principles of federalism and secularism as elements of the basic structure.
  4. I.R. Coelho case (2007): Stated that laws placed under the Ninth Schedule are subject to judicial review if they violate the basic structure.

Significance of the Doctrine

  1. Protects the sanctity of the Constitution against arbitrary amendments.
  2. Maintains a balance between the legislative, executive, and judiciary.
  3. Ensures that the fundamental rights of citizens are safeguarded.
  4. Prevents the misuse of Article 368 for political or authoritarian objectives.

Criticism of the Doctrine

  1. Criticized for being vague and lacking clear definition.
  2. Some view it as an overreach of judicial authority, limiting the power of the legislature.
  3. Leads to debates on the scope and applicability of the doctrine in specific cases.

Conclusion

The Basic Structure Doctrine is a cornerstone of constitutional law in India, ensuring that the Constitution remains a living document that adapts to changing times while preserving its core values. It reflects the principle of constitutionalism, where no authority, including Parliament, is above the Constitution.

Category
Amendments of the Constitution
The Constitution of India
Indian Polity and Governance
The Basic Structure Doctrine was propounded in which landmark case?
In which year was the Kesavananda Bharati judgment delivered?
Who was the Chief Justice during the Kesavananda Bharati case?
The Basic Structure Doctrine limits the power of which institution?
The Basic Structure Doctrine ensures the protection of:
Which amendment was challenged in the Kesavananda Bharati case?
The idea of the Basic Structure Doctrine originated from which country?
Which of the following is NOT part of the Basic Structure of the Constitution?
The Basic Structure Doctrine was reaffirmed in which case?
Which article grants Parliament the power to amend the Constitution?
The Golaknath case (1967) ruled that:
Which case declared that Parliament cannot destroy or damage the Basic Structure?
The term "Basic Structure" was first used in which Indian Supreme Court case?
Separation of Powers is a part of the Basic Structure as declared in which case?
The Basic Structure Doctrine applies to amendments made under:
Which case ruled that Judicial Review is a part of the Basic Structure?
Secularism as part of the Basic Structure was reaffirmed in which case?
Which of the following is part of the Basic Structure Doctrine?
The 42nd Amendment was partially invalidated due to the Basic Structure Doctrine in which case?
The doctrine of Basic Structure restricts which authority?
Independence of Judiciary is a part of the Basic Structure as held in which case?
Which amendment inserted the words "Socialist" and "Secular" into the Preamble?
The Shankari Prasad case upheld Parliament's power to amend which part of the Constitution?
Rule of Law as part of the Basic Structure was reaffirmed in which case?
Which amendment curtailed the power of Judicial Review but was struck down?
Which Fundamental Right is considered part of the Basic Structure?
Federalism was declared a part of the Basic Structure in which case?
Democracy as part of the Basic Structure was affirmed in which case?
Which amendment was struck down in the Minerva Mills case for violating the Basic Structure?
Sovereignty as part of the Basic Structure was reaffirmed in which case?