Roadmap for Answer Writing

1. Introduction 

• Start by introducing the basic structure doctrine and its judicial origins.
• Mention that the doctrine was developed by the judiciary to ensure that the basic framework of the Constitution cannot be altered or destroyed by any amendment.

Example Introduction: The basic structure doctrine is a judicial innovation that emerged from Indian courts, particularly through the landmark Kesavananda Bharati case (1973). This doctrine holds that while Parliament can amend the Constitution, it cannot alter its basic structure.

2. Definition and Origin of the Basic Structure Doctrine 

• Define the basic structure doctrine and explain its judicial origin.
• Mention the case that laid down the doctrine (Kesavananda Bharati v. State of Kerala, 1973).

Facts to Include:

• The basic structure doctrine asserts that the basic framework of the Constitution cannot be amended by Parliament under Article 368.
• It was formulated in the Kesavananda Bharati case (1973), where the Supreme Court ruled that Parliament’s power to amend the Constitution is limited if it alters its basic structure.
• The doctrine was a response to concerns about the potential abuse of power by the Parliament, particularly following attempts to alter key provisions of the Constitution.

3. Key Elements of the Basic Structure Doctrine 

• Discuss the key elements that constitute the basic structure of the Indian Constitution, as defined by the Supreme Court.
• Highlight the components identified in various cases.

Facts to Include:

• The basic structure may include principles like secularism, democracy, judicial review, separation of powers, federalism, and fundamental rights.
• While the Court has not exhaustively defined all elements, these principles have been repeatedly reaffirmed in subsequent judgments.
• For example, fundamental rights are considered part of the basic structure as seen in Minerva Mills Ltd. v. Union of India (1980).

4. Significance of the Basic Structure Doctrine 

• Analyze the importance of the basic structure doctrine in protecting the Constitution’s core values.
• Explain its role in preventing the erosion of democratic principles and ensuring checks and balances.

Facts to Include:

• The doctrine safeguards the core democratic values of the Constitution, ensuring that certain fundamental features are preserved regardless of political change.
• It acts as a check on Parliament’s power, preventing any amendments that could potentially undermine constitutional integrity or fundamental rights.
• The Kesavananda Bharati case emphasized that no amendment could alter the Constitution’s core structure.

5. Implications of the Basic Structure Doctrine 

• Examine the implications of the basic structure doctrine on India’s constitutional framework and judicial activism.
• Discuss its impact on Parliamentary sovereignty and the balance of power between Parliament and the judiciary.

Facts to Include:

• The doctrine limits Parliament’s power to amend the Constitution, ensuring that core features cannot be altered, even by a constitutional amendment.
• It shifted the balance of power, enhancing the judiciary’s role in protecting constitutional values.
• The doctrine has had several significant impacts, such as in the Minerva Mills case (1980), where the Court struck down amendments that violated the basic structure.
• It also led to a widening of judicial review, giving the judiciary the power to review constitutional amendments.

6. Conclusion 

• Conclude by reflecting on the importance of the basic structure doctrine in ensuring the constitutional stability and protecting fundamental democratic principles.
• Mention that the doctrine has become an essential safeguard against potential constitutional abuse.

Example Conclusion: The basic structure doctrine has played a crucial role in preserving the integrity of India’s Constitution by ensuring that its core values remain untouchable by any amendment, thus upholding the democratic and secular foundations of the nation.

Key Facts and Source References

• Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine.
• Minerva Mills Ltd. v. Union of India (1980): Reinforced the basic structure by striking down amendments that limited fundamental rights.
• Indira Gandhi v. Raj Narain (1975): Introduced the idea of judicial review over constitutional amendments.
• Key features of the basic structure: secularism, democracy, judicial review, federalism, fundamental rights.