GS Paper 2
Syllabus: Indian Constitution/ Judiciary
Source: IE
Context: Fali S. Nariman discusses the significance of the Basic Structure Doctrine
What is the Basic Structure Doctrine?
The doctrine of basic structure is a judicial innovation that puts a limitation on the amending powers of the Parliament. The doctrine was propounded by the Supreme Court in Keshavananda Bharati v. State of Kerala (1973) and its objective is to ensure that the basic features of the Constitution remain unaltered and to preserve the core identity of the Constitution.
Key Developments of Basic Structure Doctrine:
| Year | Event |
| 1965 | German constitutional expert Dietrich Conrad highlights the unchangeable nature of fundamental constitutional principles. |
| 1973 | Kesavananda Bharati case introduces basic structure doctrine in a bench decision of 13 judges. |
| 1975 | Union of India seeks reconsideration of the doctrine; a bench of 13 judges convened in November. The bench dissolved without decision, indicating continued adherence to the doctrine. |
| 1975 | Constitution 39th Amendment passed, including Article 329A(4) attempting to validate Indira Gandhi’s election. |
| 1975 | Supreme Court declares Article 329A(4) unconstitutional and void, reinforcing the doctrine’s principles. |
| 1978 | Constitution 44th Amendment Act abolishes remaining clauses of Article 329A, cementing the doctrine’s foundation. |
| 1980 | Minerva Mills vs. Union of India case reaffirms the basic structure doctrine in a Constitution Bench decision of five judges. |
| 2007 | IR Coelho vs. State of Tamil Nadu reaffirms the doctrine in a bench decision of nine judges. |
Why did CJI recently call the Basic Structure Doctrine a “North Star”?
The Chief Justice of India D. Y. Chandrachud called Basic Structure Doctrine a North Star. This is because it guides and gives directions to law-makers, implementers and interpreters.
- The doctrine acts as a “North Star” because it provides a fixed reference point or guiding light for constitutional interpretation.
- It helps prevent any arbitrary or excessive exercise of power by the government and ensures that constitutional amendments do not violate or undermine the essential features of the Constitution.
- It maintains constitutional supremacy by preventing lawmakers from undermining the essence of the Constitution.
- Limiting the powers of lawmakers prevents the rise of any authoritarian regime.
- The core values and goals of the Constitution remain intact. For instance, secularism was identified as a ‘basic feature’ in R. Bommai v. State of Karnataka.
- It acts as an effective system of checks and balances and avoids any concentration of power in any one organ of the government.
- The doctrine has been instrumental in safeguarding the fundamental rights of citizens.
- The Doctrine ensures consistency and stability in the interpretation of the Constitution itself.
Significance of Basic Structure:
| Significance | Explanation |
| Testimony to Constitutionalism | Prevents damage to the Constitution by ruling the majority’s brute majority. |
| Safeguarding Indian Democracy | Limits constituent power to avoid totalitarian regimes. |
| Preserving Constitution’s Tenets | Maintains founders’ meticulously framed principles. |
| Strengthening Democracy | Ensures independent Judiciary, and separation of powers. |
| Dynamic and Progressive | Allows adaptation over time, unlike rigid past judgments. |
Why is the doctrine criticised?
- It is not found in the text of the original Constitution itself and therefore by inventing this test the judiciary is encroaching on the Parliament’s powers.
- Senior advocate Raju Ramachandran: The power of “unelected judges” to strike down amendments to the Constitution on the basis of this doctrine is “anti-democratic and counter-majoritarian.”
Conclusion
However, despite the criticism, by and large, the Basic Structure Doctrine acts as a guiding star that seeks to maintain the sanctity of the Constitution.
Insta Links
Mains Links
The basic structure doctrine prevents the abuse of power by the executive and legislature, preventing it from becoming a majoritarian regime. Examine. (15M)
Prelims Links
Consider the following statements: (UPSC 2020)
- The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
- The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2 only
(d) Neither 1 nor 2
Answer: B
