Model Answer
0 min readIntroduction
The Preamble to the Indian Constitution, adopted on November 26, 1949, serves as the guiding star of the nation, encapsulating its foundational values – Sovereignty, Socialism, Secularism, Democracy, and Republic, along with the commitment to Justice, Liberty, Equality, and Fraternity. While seemingly aspirational, these goals have been recognized by the judiciary as forming the basic structure of the Constitution, which is immune from amendment even under Article 368, the article dealing with the procedure of amendment. This doctrine, born out of the Kesavananda Bharati case, represents a unique balancing act between parliamentary sovereignty and constitutional integrity, ensuring the core principles remain inviolable.
Understanding the Preamble and its Significance
The Preamble is not technically enforceable in courts but provides context and illuminates the intent of the Constitution. It establishes the source of authority – ‘We, the People of India’ – and defines the type of political system envisioned. The goals listed are not merely declarations but represent the fundamental values that underpin the entire constitutional framework. These values are not static; their interpretation evolves with societal changes, but the core essence remains protected.
The Genesis of the Basic Structure Doctrine
The concept of the basic structure doctrine emerged as a response to challenges to constitutional amendment power. The Golaknath vs. State of Punjab (1969) case, where the Supreme Court held that the right to property was a fundamental right and thus immune from constitutional amendments affecting it, raised concerns about the unchecked power of the Parliament. This led to the insertion of Article 368(4) in 1973, seemingly granting Parliament broader amendment powers.
Kesavananda Bharati vs. State of Kerala (1973): A Landmark Judgment
The Kesavananda Bharati case was the crucial turning point. The petitioner challenged the Kerala Land Reforms Act, which curtailed the ownership rights of the Math. The court, while upholding the validity of the Act, laid down the ‘basic structure’ doctrine. Justice Bhagwati, in his concurring opinion, stated that while Parliament has the power to amend any part of the Constitution, it cannot alter its basic structure or essential features. This doctrine acted as a check on the amending power, ensuring that the fundamental principles enshrined in the Preamble are not compromised.
Defining the Basic Structure - What Constitutes it?
Defining the "basic structure" has been a complex and evolving process. The Supreme Court has identified several elements that constitute the basic structure, including:
- Supremacy of the Constitution: The Constitution is the supreme law of the land, and no organ of the state can act in violation of it.
- Republican and Democratic form of government: The people’s sovereignty and right to choose their representatives.
- Secularism: Equal treatment of all religions.
- Rule of Law: Equality before the law and the independence of the judiciary.
- Judicial Review: The power of the judiciary to scrutinize legislation and executive actions.
- Federalism: The division of powers between the Union and the States.
- Separation of Powers: Distinct functions allocated to the Legislature, Executive, and Judiciary.
- Fundamental Rights: Guaranteed rights of citizens.
Subsequent Judicial Pronouncements & Refinements
The basic structure doctrine has been reaffirmed and refined in subsequent judgments:
- Minerva Mills vs. Union of India (1980): This case emphasized the importance of a balance between fundamental rights and directive principles of state policy, rejecting attempts to erode fundamental rights through amendments. The court declared that the power to amend the Constitution should be limited to the extent that it does not damage the basic features of the Constitution.
- S.R. Bommai vs. Union of India (1994): This case dealt with the imposition of President’s Rule in states and reiterated the basic structure doctrine, highlighting the importance of secularism and federalism. It established guidelines for the imposition of Article 356, emphasizing judicial review in such cases.
Challenges and Criticisms
The basic structure doctrine has faced criticism. Some argue that it vests excessive power in the judiciary and encroaches upon the legislative domain. Others contend that the vagueness of the "basic structure" allows for subjective interpretation. However, the doctrine has largely been accepted as a necessary safeguard against arbitrary amendment of the Constitution.
| Case Name | Year | Key Issue | Ruling/Significance |
|---|---|---|---|
| Golaknath vs. State of Punjab | 1969 | Right to Property as Fundamental Right | Declared Right to Property as a Fundamental Right, limiting Parliament's amending power. |
| Kesavananda Bharati vs. State of Kerala | 1973 | Validity of Land Reforms Act | Established the Basic Structure Doctrine, limiting Parliament's amending power. |
| Minerva Mills vs. Union of India | 1980 | Constitutional Amendment 39th | Reaffirmed Basic Structure Doctrine, emphasized balance between Fundamental Rights and Directive Principles. |
| S.R. Bommai vs. Union of India | 1994 | Imposition of President's Rule | Reiterated Basic Structure Doctrine, emphasized secularism and federalism in the context of Article 356. |
Conclusion
The basic structure doctrine remains a cornerstone of Indian constitutionalism, acting as a vital check on the amending power of the Parliament. Rooted in the Preamble's ideals, it ensures that the fundamental values of the Constitution are preserved, even as the nation evolves. While criticisms persist regarding judicial overreach, the doctrine's role in safeguarding democracy and upholding constitutional integrity is undeniable. The continued evolution of its interpretation by the judiciary will shape the future of Indian governance and constitutional principles.
Answer Length
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