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UPSC MainsGeneral Studies Paper IConstitutionPractice question

Basic Structure Doctrine as Constitutional Safeguard

The Basic Structure Doctrine has emerged as a constitutional safeguard against arbitrary exercise of Parliament's amending power. Explain.

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How to approach

Introduce the Basic Structure Doctrine by citing its landmark origin and purpose regarding constituent power under Article 368. In the body, systematically elucidate how the doctrine curbs arbitrary amendments through key judicial milestones and constitutional amendments. Conclude by highlighting its role in preserving constitutional supremacy over majoritarianism.

Model answer

345 words

Introduction

The Basic Structure Doctrine (BSD), articulated by the Supreme Court in the landmark Kesavananda Bharati case (1973), acts as an indispensable constitutional safety valve. It establishes that Parliament's constituent power to amend the Constitution under Article 368 is plenary but not absolute, preventing legislative majorities from altering or destroying the Constitution's foundational identity.

Checking Arbitrary Amending Power through Judicial Milestones

The doctrine has systematically checked parliamentary overreach across multiple decades by balancing necessary constitutional adaptability with institutional safeguards:

  • Distinguishing Amending Power from Destructive Power: In response to the Golaknath (1967) verdict, Parliament asserted limitless amending authority through the 24th Constitutional Amendment Act. The Basic Structure Doctrine countered this absolutist claim by establishing that a creature of the Constitution (Parliament) cannot dismantle its creator.
  • Preventing Partisan Overreach: In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court invoked the doctrine to strike down the 39th Constitutional Amendment Act, which sought to place the election of the Prime Minister and Speaker beyond the scope of judicial scrutiny.
  • Restoring Constitutional Supremacy: The 42nd Constitutional Amendment Act (Clauses 4 and 5) attempted to confer unfettered amending power and eliminate judicial review. In Minerva Mills v. Union of India (1980), the Court invalidated these clauses, holding that a limited amending power is itself an inviolable basic feature.
  • Checking Blanket Immunities under the Ninth Schedule: In the I.R. Coelho case (2007), the Supreme Court eliminated the misuse of the Ninth Schedule by ruling that laws placed under it after April 24, 1973, remain open to judicial review if they violate fundamental rights forming part of the basic structure.
  • Preserving Institutional Independence: In striking down the 99th Constitutional Amendment Act and the National Judicial Appointments Commission (NJAC) in 2015, the judiciary protected the separation of powers and judicial independence from executive dominance.

Conclusion

By evolving from a judicial precedent into a dynamic constitutional safeguard, the Basic Structure Doctrine preserves the delicate balance between legislative flexibility and enduring constitutional supremacy. It ensures that constitutional democracy survives transient majoritarian impulses while keeping core values such as democracy, secularism, and the rule of law intact.

Key facts to remember

definition
Basic Structure Doctrine

A judicial principle holding that certain foundational features of the Indian Constitution cannot be altered, abrogated, or destroyed through constitutional amendments under Article 368.

case study
Minerva Mills v. Union of India (1980)

The Supreme Court struck down Clauses (4) and (5) of Article 368 introduced by the 42nd Amendment, affirming that Parliament cannot convert a limited amending power into an absolute one.

case study
I.R. Coelho v. State of Tamil Nadu (2007)

The Supreme Court held that statutes placed in the Ninth Schedule after April 24, 1973, are not immune from judicial review if they abridge rights forming part of the basic structure.

quote
“The Constitution has conferred a limited amending power on the Parliament... Parliament cannot under Article 368 expand that very power into an absolute power.”
— Justice P.N. Bhagwati in Minerva Mills (1980)

Frequently asked questions

What is the primary purpose of the Basic Structure Doctrine?

The doctrine serves as a check on legislative absolutism, ensuring that constitutional supremacy prevails over majoritarian parliamentary power and that foundational values remain secure.

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