The Indian Constitution and the Basic Structure Doctrine: Defending Democracy and Justice 1200 Words

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The Indian Constitution is said to be the supreme law of the land, immaculately drafted in words but carrying within it the aspirations, values, and principles of the Indian polity. Among many such significant features, the “Basic Structure Doctrine” stands at a crucial position so that the basic framework of the Constitution does not change with legislative and executive action. It is the present article exploring the genesis, development, importance, and impact of the Basic Structure Doctrine with an emphasis on the role of the doctrine in maintaining the sanctity of India’s constitutional democracy.

Basic Structure Doctrine

It limits the amending power of Parliament in such a way that it does not alter the basic features of the Constitution. The doctrine has always served as a safety measure against the possible abuse of the amending power given under Article 368 such that the basic essence and values of the Constitution were not altered.

Genesis of the Doctrine: The Kesavananda Bharati Case

The Basic Structure Doctrine is rooted in the judgment in the landmark case of Kesavananda Bharati v. State of Kerala, 1973. It was such a historic verdict by a 13-judge bench of the Supreme Court that decided that though the Parliament possesses extended powers to amend the Constitution, such powers were not absolute. It was agreed that certain basic principles of the supremacy of the Constitution, rule of law, separation of powers, and judicial review form the “basic structure” that cannot be altered.

This verdict was a result of increasing tension between judiciary and legislature, that started to gain momentum in 1960s and 1970s. With cases such as Golaknath v. State of Punjab in the year 1967, the power of Judiciary to review the constitutional amendments had been drastically curtailed. Kesavananda verdict brought back the balance, declaring judicial supremacy in protecting the basic structure of the Constitution.

Basic Structure Elements

The Supreme Court has not provided an exhaustive list on what constitutes the basic structure. It, therefore has discretion for some latitude in terms of a contextual and dynamic interpretation through time. However, judgments gradually highlighted certain salient features, among them being:

Supremacy of Constitution:-

Constitution is the word of finality in India.

Sovereignty, Unity and Integrity of India:-

So that the Nation remains undivided and independent.

Democracy and Republican Form of Government:-

A government form shall be preserved where the power is born from the people.

Secularism:-

The State shall not take any decision on the matters related to religion.

Judicial Review:-

Courts shall have authority to review laws and amendments for the constitutionality

Rule of Law:-

No arbitrary actions should dominate over the rule of law and equal treatment under the law.

Separation of Powers:-

The function and role of the legislature, the executive, and the judiciary need to be distinctly differentiated.

Important Cases that Shaped the Doctrine

The Basic Structure Doctrine has an antecedence of some landmark judicial pronouncements:

Indira Nehru Gandhi v. Raj Narain (1975):-

The Supreme Court declared the 39th Amendment as invalid on the grounds that it sought to make the election of the Prime Minister beyond judicial review for the reason that it offended the basic structure.

Minerva Mills v. Union of India (1980):-

The Court ruled that the Basic Structure of the Constitution included a balance between Fundamental Rights and Directive Principles of State Policy.

S.R. Bommai v. Union of India (1994):-

The Court underlined secularism and federalism as parts of the Basic Structure while interpreting the abuse of President’s Rule.

L. Chandra Kumar v. Union of India (1997):-

Judicial review has been restated as the basic structure that checks and balances legislative and executive authority.

Importance of Doctrine

Basic Structure Doctrine protects democracy as well as constitutional values of India. It plays different roles:

It preserves supremacy of the Constitution by preventing the amending power from Parliament so that the very short-term majorities would not be able to derotate or subvert the fundamental postulates.

Judicial Review:-

It vests power in the judiciary as the custodian of the Constitution and reviews and declares as void amendments violating the basic structure.

Minority Protection:-

Since the doctrine promises to preserve the very character of the Constitution in matters of secularism, equality, and justice, it protects the weak sections from the tyranny of the majority.

Preservation of Institutional Balance:-

Stress on separation of powers and federalism results in deconcentration of power with accountability of the three organs of the government.

Criticism and Challenges

There have been several criticisms made against the Basic Structure Doctrine. Although it is still much valued, it never remains criticism-free:

The elements of Basic Structure are undefined:-

The lack of a list of basic structure has led to subjective interpretations.

Judicial Activism:-

The proponents of the doctrine say that it increases judicial supremacy and hampers the democratic supremacy of the legislature.

Limitation on Amendments:-

This doctrine puts a limit to the progressive constitutional amendments which are required to be evolved to overcome the modern situation.

Uncertainty of applicability:-

As it was mentioned above, the doctrine of applicability is always different through various judgments given over cases dealt by various courts and, at times, presented inconsistent judgments; so predictability and certainty on constitutional laws were always doubted.

The Basic Structure Doctrine is unique to India, though its essence resonates with constitutional practices in other democracies.

For example:

Germany:-

Germany’s Basic Law prohibits amendments of the federal structure or the principles of human dignity and democracy.

United States:-

There is no express doctrine of basic structure in the U.S. Constitution; however, judicial review through the Supreme Court ensures foundational principles.

South Africa:-

The Constitution of South Africa has “eternity clauses” that make some provisions unamendable.

Future Impact

The Basic Structure Doctrine remains a dynamic and powerful tool for the protection of the integrity of the Constitution. As the socio-political scenario in India is getting more and more complex, this doctrine is only going to assume importance so that the Constitution accommodates the needs of times without losing its soul.

The judiciary, therefore, must balance restraint with assertiveness in upholding this doctrine. It must avoid the dangers of overreach while keeping vigilant against constitutional violations. Concurrently, the legislature and executive must respect the limits established by the doctrine by promoting a culture of constitutional morality and obedience.

Conclusion

This reveals how the Indian judiciary was so prescient about the protection of the Constitution. The doctrine prevents the erosion of basic values and guards the rights and freedoms of each citizen vindicating the vision of the makers of the Constitution. A lot of debates surround the scope and application of this doctrine, but it still remains the necessary pillar of India’s constitutional democracy to ensure justice, liberty, equality, and fraternity for all generations.

Also Read:- The Indian Constitution: Salient Features 1100 Words