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UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Basic Structure Doctrine as Constitutional Shield

There exists a shield to protect the misuse of its power by Parliament and that shield is commonly known as the "Doctrine of Basic Structure".

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Introduce the Basic Structure Doctrine by citing its origin in the Kesavananda Bharati case and its role in delineating parliamentary power under Article 368. Trace the judicial evolution and examine how the doctrine functions as an institutional shield against legislative overreach and majoritarian impulses using landmark judgments. Conclude by highlighting the balance it maintains between parliamentary flexibility and constitutional supremacy.

Model answer

346 words

Introduction

Former Chief Justice of India D.Y. Chandrachud termed the Basic Structure Doctrine the 'North Star' of Indian democracy. Evolved by the Supreme Court in the landmark Kesavananda Bharati case (1973), the doctrine establishes that Parliament's constituent power to amend the Constitution under Article 368 cannot be utilized to alter or destroy its foundational identity.

Evolution of the Constitutional Shield

The doctrine emerged through an ongoing institutional dialogue regarding the scope of amending power under Article 368:

  • Early Plenary Authority: In Shankari Prasad (1951) and Sajjan Singh (1965), the Supreme Court held that Parliament possessed plenary power to amend any part of the Constitution, including Fundamental Rights.
  • Rigid Restriction: The pendulum swung in the Golaknath case (1967), where the Court ruled that Fundamental Rights could not be abridged by constitutional amendments under Article 13.
  • The Harmonious Equilibrium: The Kesavananda Bharati (1973) bench struck a middle ground, affirming that while Parliament can amend any provision of the Constitution, it cannot alter its 'basic structure'.

Mechanisms by Which the Doctrine Prevents Misuse

The Basic Structure Doctrine acts as an active constraint against legislative overreach in multiple ways:

  • Nullifying Absolute Power: In Minerva Mills (1980), the Supreme Court invalidated clauses added to Article 368 by the 42nd Amendment that sought to grant Parliament limitless amending authority and exclude judicial review under Articles 32 and 226.
  • Eliminating Blanket Immunities: In the I.R. Coelho case (2007), the Court ruled that laws placed in the Ninth Schedule after April 24, 1973, are not immune from judicial scrutiny if they infringe upon fundamental rights that form part of the basic structure.
  • Preserving Institutional Separation: The invalidation of the 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC) Act in 2015 demonstrated how the doctrine shields the independence of the judiciary from executive and legislative dominance.

Conclusion

While ordinary legislation requires a simple majority, constitutional amendments demand a special majority under Article 368. The Basic Structure Doctrine ensures that even an overwhelming parliamentary supermajority cannot convert a constituted body into a sovereign one, thereby safeguarding constitutional supremacy over transient majoritarian impulses.

Key facts to remember

definition
Doctrine of Basic Structure

A judicial principle holding that certain fundamental values, principles, and institutions of the Constitution of India cannot be altered, abrogated, or repealed by Parliament through constitutional amendments.

quote
“The Basic Structure Doctrine is like the 'North Star', an infallible guide that provides a compass to interpret the Constitution and prevents majoritarian dilution of constitutionalism.”
— CJI D.Y. Chandrachud on Basic Structure
case study
Minerva Mills v. Union of India (1980)

The Supreme Court struck down Section 55 of the 42nd Constitutional Amendment Act, holding that Parliament's amending power cannot be converted into an absolute power to destroy constitutional checks and judicial review.

Frequently asked questions

Can laws under the Ninth Schedule bypass the Basic Structure test?

No. In I.R. Coelho (2007), the Supreme Court clarified that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial challenge if they violate the basic structure of the Constitution.

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