It is one of the fundamental judicial principles connected with the Indian Constitution. The doctrine of basic structure was first propounded in Kesavananda Bharati Case which put a limitation on the amending powers of the Parliament. The basic idea of this doctrine is that if the Parliament passes any law that destroys the basic structure of the Constitution, then that law will be declared null and void to the extent that it violates the basic structure.
EVOLUTION
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Shankari Prasad vs. Union of India
The Hon’ble Supreme Court in this case held that the Parliament has the power to amend any part of the constitution including the Fundamental Rights under Article 368.
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Sajjan Singh vs. State of Rajasthan
The Hon’ble Supreme Court upheld the above decision, however, the concurring opinion by Justice Hidyatullah and Justice Mudholkar raised doubts about the unrestricted powers of the Parliament to amend constitution and Fundamental Rights.
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I.C. Golaknath vs. State of Punjab
The Hon’ble Supreme Court overruled its judgment and ruled that Article 368 only lays down the procedure to amend the Constitution and does not give absolute powers to the Parliament to amend any part of the Constitution.
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24th Constitution Amendment Act (1971)
Parliament enacted 24th Amendment Act which included a provision in Article 368 which declared that Parliament has power to take away any of the Fundamental Rights.
In this case, the Supreme Court reviewed its ruling in the Golaknath case and affirmed the constitutionality of the 24th Amendment Act. Nonetheless, the Supreme Court ruled that while the Parliament may change any clause in the constitution, the Basic Structure of the document must be upheld and held that these amendments can be subjected to judicial review to ascertain that the Basic Structure of the Constitution remains intact.
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42nd Amendment Act
This Amendment Act declared no limitation to the constituent power of the Parliament under Article 368.
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Minerva Mills vs. Union of India
The Hon’ble Supreme Court invalidated the provisions of the 42nd Amendment Act and ruled that the Parliament cannot take away the power of ‘judicial review’ as it is a part of the ‘Basic Structure’.
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Waman Rao vs. Union of India
The Supreme Court reiterated the Basic Structure doctrine in this case.
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Indra Sawhney &Ors. vs. Union of India
The Supreme Court declared the Rule of Law as a Basic Structure of the Constitution.
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KihotoHollohan Case
The Supreme court added Free and fair elections, Sovereign, Democratic and Republican structure to the Basic Structure of the Constitution.
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S.R. Bommai vs. Union of India
The Supreme Court declared Federalism, Secularism, and Democracy as the Basic Structure of the Constitution.
Thus, this doctrine promotes Constitutional Ideals envisioned by the founding fathers. It strikes a fine balance between flexibility and rigidity by maintaining Supremacy of the Constitution. Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs. Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature. The constitution is a living document because of its dynamic aspect, which makes it more progressive and flexible over time.
SOURCE – SUPREME COURT OF INDIA
READ ALSO –
- BASIC STRUCTURE DOCTRINE (ARTICLE 13)
- JUSTICE GAVAI ADDRESS AT NUSRL RANCHI, COMMEMORATING THE KESAVANANDA BHARATI CASE’S GOLDEN JUBILEE
- DOCTRINE OF TERRITORIAL NEXUS
Written By– Palak Bhuwalka
Edited By– Vishakha Khatri
