Justice RF Nariman at book launch warns that abolishing the basic structure doctrine would endanger democracy and judicial independence.
Why in News
If Basic Structure Goes Then God Help India said by Justice RF Nariman defending the basic structure doctrine of the Constitution .
Fact
At a Supreme Court book launch, Justice RF Nariman passionately defended the basic structure doctrine of the Constitution and warned against its removal.
Overview
In the event held to launch his book “Basic Structure Doctrine: Protector of Constitutional Integrity”, Justice RF Nariman, former judge of the SupremeCourt stressed that the basic structure doctrine is important for democratic structure of India. The event was attended by Justice KV Viswanathan, Justice AK Sikri and senior advocates Kapil Sibal, Arvind Datar and Dr. Abhishek Manu Singhvi.
Key Aspects
- Justice RF Nariman recalled the historic judgment of Kesavananda Bharati (1973).
- Highlighted the unconstitutional nature of Article 329A during Indira Gandhi vs. Raj Narain.
- Explained failed attempts to dilute the doctrine through the 42nd Amendment.
- Cited judicial revolts and dissolved benches resisting political pressure.
- Noted how Palkhivala convinced the Court with foreign scholarship.
Legal Insights
Article 368 – Constitutional Amendments :
- The 42nd Amendment tried to place constitutional amendments beyond judicial review.
- In the case of Minerva Mills v Union of India the SupremeCourt struck this down by reaffirming limitations on power of the Parliament to amend the Constitution.
Article 329A – Special Provisions Regarding Elections :
- Inserted by the 39th Amendment Article 329A(4) was invalidated as it violated the basic structure, mainly free and fair elections, rule of law and equality (Article 14).
Article 31C – Directive Principles vs. Fundamental Rights:
- Though not directly struck down in Kesavananda Bharati, several judges found it problematic when Directive Principles were prioritized over Fundamental Rights without relying on basic structure.
Conclusion
Justice RF Nariman stressed that the basic structure doctrine is the soul of the Constitution. He warned that dismantling it would undermine democracy of India and judicial independence. The Supreme Court has a legacy of preserving this doctrine and its continued enforcement remains vital.
Source
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