Model Answer
0 min readIntroduction
The Doctrine of Basic Structure, a pivotal concept in Indian constitutional law, emerged as a response to attempts to dilute the fundamental principles of the Constitution through expansive amendments. Prior to the 1970s, the Indian Parliament enjoyed considerable leeway in amending the Constitution, even altering its basic framework. However, a series of amendments, particularly those aimed at curtailing judicial review, prompted concerns about the potential for a constitutional dictatorship. The landmark 1973 Kesavananda Bharati v. State of Kerala case established that while the Parliament has the power to amend the Constitution, it cannot alter its ‘basic structure’ or essential features. This doctrine has since become a cornerstone of Indian constitutionalism, safeguarding the core values enshrined in the Constitution.
Origin and Evolution
The seeds of the Basic Structure doctrine were sown in the Golaknath v. State of Punjab (1967) case, where the Supreme Court held that Parliament could not amend fundamental rights. However, the 25th Amendment (1971) sought to override this ruling. The real breakthrough came with the Kesavananda Bharati v. State of Kerala (1973) case. A 13-judge bench ruled that Parliament’s amending power, though vast, was subject to the basic structure of the Constitution. This implied a limitation on the Parliament’s power to alter the fundamental framework of the Constitution.
Elements of the Basic Structure
Identifying the ‘basic structure’ is an evolving process, determined by the courts on a case-by-case basis. While there is no exhaustive list, several elements have been consistently recognized as part of the basic structure:
- Supremacy of the Constitution: The Constitution is the supreme law of the land.
- Republican and Democratic form of Government: India is a republic governed by a democratic system.
- Secular Character of the Constitution: India is a secular state, treating all religions equally.
- Federal Character of the Constitution: Division of powers between the Union and States.
- Separation of Powers: Distinct functions assigned to the legislature, executive, and judiciary.
- Judicial Review: The power of the judiciary to review laws and executive actions.
- Rule of Law: Equality before the law and due process.
- Individual Liberty: Protection of fundamental rights.
- Sovereignty of India: Independent and autonomous nationhood.
Implications of the Doctrine
The Doctrine of Basic Structure has profound implications for Indian polity:
- Judicial Review Strengthened: It empowered the judiciary to strike down amendments that violate the basic structure, acting as a check on legislative power.
- Parliamentary Sovereignty Limited: It curtailed the absolute power of Parliament to amend the Constitution without limitations.
- Constitutional Stability: It ensured the long-term stability of the Constitution by protecting its core values.
- Balance of Power: It established a balance between the powers of the Parliament and the judiciary.
Challenges and Recent Debates
Despite its significance, the doctrine has faced criticism. Some argue that it grants excessive power to the judiciary, potentially encroaching upon the legislative domain. There have been debates about the scope of the basic structure and the criteria for determining its elements. Recent attempts to reinterpret or dilute the doctrine through constitutional amendments have also raised concerns. The 99th Constitutional Amendment (2015) and the National Judicial Appointments Commission (NJAC) case (2015) exemplify these debates, where the Supreme Court struck down the NJAC Act as it altered the basic structure of the judiciary’s independence.
| Case | Year | Key Outcome |
|---|---|---|
| Kesavananda Bharati v. State of Kerala | 1973 | Established the Doctrine of Basic Structure |
| Maneka Gandhi v. Union of India | 1978 | Expanded the scope of Article 21 (Right to Life and Personal Liberty) |
| Indira Nehru Gandhi v. Raj Narain | 1975 | Affirmed the basic structure doctrine in relation to electoral laws |
| NJAC Case | 2015 | Struck down the National Judicial Appointments Commission Act as it violated the basic structure of judicial independence |
Conclusion
The Doctrine of Basic Structure remains a cornerstone of Indian constitutional law, safeguarding the fundamental principles upon which the nation is founded. While debates surrounding its scope and application continue, it has undeniably played a crucial role in preserving the democratic and secular fabric of India. The doctrine’s continued relevance lies in its ability to adapt to evolving societal norms and protect the Constitution from being reduced to a mere political instrument. Its future will depend on the judiciary’s judicious interpretation and the commitment of all stakeholders to upholding the core values of the Indian Constitution.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.