Doctrine of basic structure !!
The doctrine of basic structure is a principle of constitutional law in India that holds that certain fundamental features of the Constitution are \”basic\” or \”essential\” to the Constitution, and cannot be amended or altered by the Parliament. The doctrine of basic structure was first articulated by the Supreme Court of India in the case of Kesavananda Bharati v. State of Kerala (1973).
The principle behind the doctrine of basic structure is that the Constitution is a \”basic and essential\” document that establishes the framework for the government and sets out the fundamental rights and duties of citizens. The doctrine of basic structure is intended to protect the integrity and basic structure of the Constitution and ensure that the fundamental principles underlying the Constitution are not eroded or undermined by amendments.
The exact nature and scope of the basic structure of the Constitution has been the subject of much debate and litigation in India. The Supreme Court has identified several features of the Constitution that are considered to be part of the basic structure, including the rule of law, judicial review, federalism, and the separation of powers. However, the exact contours of the doctrine of basic structure are still evolving and continue to be shaped by judicial decisions.
Some of the key principles underlying the doctrine of basic structure include:
- The Constitution is a supreme and fundamental document that establishes the framework for the government and sets out the fundamental rights and duties of citizens.
- The Constitution is a \”basic and essential\” document that cannot be amended or altered in a manner that fundamentally alters its basic structure or fundamental principles.
- The Constitution is a \”living\” document that must be interpreted in a manner that is consistent with the changing needs and circumstances of society.
- The Constitution must be interpreted in a manner that is consistent with the principle of the rule of law and the fundamental rights and duties of citizens.
- The Constitution must be interpreted in a manner that is consistent with the principle of federalism and the distribution of powers between the central government and the states.
- The Constitution must be interpreted in a manner that is consistent with the principle of the separation of powers and the independence of the judiciary.
Landmark judgements
The landmark judgment on the doctrine of basic structure is Kesavananda Bharati v. State of Kerala (1973), in which the Supreme Court of India first articulated the principle of the basic structure of the Constitution. In this case, the Court was called upon to consider the constitutionality of the Twenty-Fourth Amendment Act, 1971, which amended the Constitution to allow the Parliament to amend any provision of the Constitution, including the fundamental rights contained in Part III of the Constitution.
The Court held that the power of the Parliament to amend the Constitution was not absolute and that there were certain fundamental features of the Constitution that were \”basic\” or \”essential\” to the Constitution, and could not be amended or altered by the Parliament. The Court identified several features of the Constitution that were considered to be part of the basic structure, including the rule of law, judicial review, federalism, and the separation of powers.
The decision in Kesavananda Bharati v. State of Kerala had a significant impact on constitutional law in India and established the doctrine of basic structure as a key principle of Indian constitutional law. The case is considered to be one of the most important and influential constitutional law cases in India and has been widely cited in subsequent cases dealing with the basic structure of the Constitution.
Indira Gandhi v. Raj Narain (1975): In this case, the Supreme Court held that the right to vote was a part of the basic structure of the Constitution and could not be taken away by the Parliament.
Minerva Mills v. Union of India (1980): In this case, the Supreme Court held that the principle of \”reasoned elaboration\” was part of the basic structure of the Constitution and could not be amended by the Parliament.
W.P. (Civil) No. 118 of 2002: In this case, the Supreme Court held that the right to privacy was a part of the basic structure of the Constitution and could not be taken away by the Parliament.
Union of India v. R. Gandhi, President, Madras Bar Association (2010): In this case, the Supreme Court held that the independence of the judiciary was a part of the basic structure of the Constitution and could not be compromised by the executive or the legislature.
Subramanian Swamy v. Director, CBI (2012): In this case, the Supreme Court held that the principle of separation of powers was a part of the basic structure of the Constitution and could not be amended by the Parliament.
