About Doctrine Of Basic Structure
- The Doctrine of Basic Structure is a judicial innovation designed to restrict arbitrary parliamentary amendments and prevent the erosion of India’s constitutional edifice.
- Although not explicitly mentioned in the constitutional text, this doctrine serves as the ultimate safeguard for democratic governance. It establishes inherent limitations on legislative amending powers, ensuring a permanent balance among the legislature, executive, and judiciary.
Evolution of the Doctrine: Key Supreme Court Judgments
- Shankari Prasad Case (1951): The Supreme Court ruled that Parliament’s amending power under Article 368 includes the right to amend Fundamental Rights, as constitutional amendments are not considered ordinary ‘law’ under Article 13.
- I.C. Golaknath Case (1967): Reversing its earlier stance, the Court held that Fundamental Rights hold a transcendental and immutable position, meaning Parliament cannot abridge them.
- Kesavananda Bharati Case (1973): Propounded the Basic Structure Doctrine; ruled via a 7:6 majority that while Parliament can amend any part of the Constitution, it cannot alter its basic structure.
- Minerva Mills Case (1980): Reaffirmed the doctrine, establishing that the limited amending power of Parliament, judicial review, and the harmony between Fundamental Rights and Directive Principles are basic features.
What Constitutes the Basic Structure?
- Constitutional Supremacy: The Constitution remains the supreme law of the land, immune to diluting amendments.
- Democratic and Republican Framework: Ensures governance permanently reflects the people’s will (affirmed in Indira Gandhi v. Raj Narain, 1975).
- Secularism: Mandates strict state impartiality in religious matters (highlighted in S.R. Bommai v. Union of India, 1994).
- Federalism and Separation of Powers: Protects the delicate balance of power between the Center and States, as well as across the three distinct branches of government.
- Independent Judiciary and Judicial Review: Empowers courts to scrutinize state actions; notably led to the nullification of the NJAC Act in 2015 to protect judicial appointment independence.
Conclusion
The Basic Structure Doctrine perfectly balances constitutional flexibility with rigidity, ensuring the foundational pillars of Indian democracy remain permanently protected from legislative overreach.
| This concept has been elaborately discussed under this article: The Constitutional Crisis of Religious Offence Laws |