Discuss the role and significance of the Basic Structure Doctrine in maintaining the supremacy of the Indian Constitution. How has this doctrine been upheld by the judiciary?
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The Basic Structure Doctrine in India refers to the principle that certain fundamental features of the Constitution are immutable and cannot be altered even through constitutional amendments. Established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973), this doctrine safeguards essential elements such as the supremacy of the Constitution, secularism, federalism, and the separation of powers.
The doctrine ensures that the Parliament cannot amend the Constitution in a manner that alters its core identity and fundamental principles. It acts as a bulwark against arbitrary changes that could undermine the constitutional framework and the rights of citizens. The judiciary has consistently upheld this doctrine by striking down amendments that seek to tamper with its core features. For instance, in cases like Indira Gandhi v. Raj Narain (1975) and Minerva Mills v. Union of India (1980), the Supreme Court reaffirmed its authority to review amendments and declared those infringing upon basic structure as unconstitutional.
By upholding the Basic Structure Doctrine, the judiciary reinforces the supremacy of the Constitution and ensures that any amendments are in harmony with its foundational values, thereby preserving the integrity and stability of India’s constitutional framework.
The basic structure doctrine, propounded by MK Nambiar (1967), was laid down by the Supreme Court (SC) in the Kesava Nanda Bharati case in 1973. It ruled that the Parliament’s power to amend the Constitution under Article 368 does not include the power to alter the “basic structure”.
Limiting Parliament’s amending powers
1. Kesava Nanda Bharati case, 1973– SC upheld constitutional supremacy over Parliament sovereignty and safeguarded fundamental features of the Constitution from amendments.
2. Minerva Mills case, 1980– SC upheld judicial review, putting a check on the unbridled amending powers of the Parliament. Henceforth devising basic structure as a “living doctrine”, the features of which were decided as society progresses.
3. SR Bommai case, 1994– Through successive judgements, SC preserved the idea of India as envisioned by the makers of the Constitution by including Equality, Secularism, Democracy in the basic structure.
Significance of Basic Structure Doctrine
1. Upholds Constitutional Supremacy– Prevents the legislature from overstepping its mandate. Eg- Central Coal Field Case
2. Checks arbitrariness – Preserves the essence of Article 14 and Doctrine of Manifest Arbitrariness. Eg- Kihoto Holohan case.
3. Balance Fundamental Rights & DPSP– By emphasising on state action to ensure rights. Eg- Minerva Mills case (1980).
Basic structure doctrine has played a pivotal role in safeguarding the supremacy of the constitution. It prevents the Parliament from becoming masters of the constitution.
The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy the basic structure of the Constitution. Though the court has not made an exhaustive list, there are certain areas in the constitution where the parliament has no right to alter or destroy it they are the supremacy of the Constitution, the principle of separation of Powers, the Rule of Law, Separation of powers between the legislature, the executive, and the judiciary and so on.
This Doctrine has preserved the constitutional Principles and ideals of the founding members of the Constitution, this doctrine has helped to preserve the Supremacy of the Constitution and it prevents the destruction by temporary majority in the parliament. Separation of Powers included as one of the elements in basic structure gives supreme independence to the judiciary from the other two organs, Fundamental rights are protected from being abridged.
The judiciary has upheld the validity of Basic Structure in many ways
The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy the basic structure of the Constitution. Though the court has not made an exhaustive list, there are certain areas in the constitution where the parliament has no right to alter or destroy it they are the supremacy of the Constitution, the principle of separation of Powers, the Rule of Law, Separation of powers between the legislature, the executive, and the judiciary and so on.
This Doctrine has preserved the constitutional Principles and ideals of the founding members of the Constitution, this doctrine has helped to preserve the Supremacy of the Constitution and it prevents the destruction by temporary majority in the parliament. Separation of Powers included as one of the elements in basic structure gives supreme independence to the judiciary from the other two organs, Fundamental rights are protected from being abridged.
The judiciary has upheld the validity of Basic Structure in many ways
The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy the basic structure of the Constitution. Though the court has not made an exhaustive list, there are certain areas in the constitution where the parliament has no right to alter or destroy it they are the supremacy of the Constitution, the principle of separation of Powers, the Rule of Law, Separation of powers between the legislature, the executive, and the judiciary and so on.
This Doctrine has preserved the constitutional Principles and ideals of the founding members of the Constitution, this doctrine has helped to preserve the Supremacy of the Constitution and it prevents the destruction by temporary majority in the parliament. Separation of Powers included as one of the elements in basic structure gives supreme independence to the judiciary from the other two organs, Fundamental rights are protected from being abridged.
The judiciary has upheld the validity of Basic Structure in many ways
The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy the basic structure of the Constitution. Though the court has not made an exhaustive list, there are certain areas in the constitution where the parliament has no right to alter or destroy it they are the supremacy of the Constitution, the principle of separation of Powers, the Rule of Law, Separation of powers between the legislature, the executive, and the judiciary and so on.
This Doctrine has preserved the constitutional Principles and ideals of the founding members of the Constitution, this doctrine has helped to preserve the Supremacy of the Constitution and it prevents the destruction by temporary majority in the parliament. Separation of Powers included as one of the elements in basic structure gives supreme independence to the judiciary from the other two organs, Fundamental rights are protected from being abridged.
The judiciary has upheld the validity of Basic Structure in many ways