Model Answer
0 min readIntroduction
Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. While it grants Parliament the power to amend most provisions, this power is not absolute. The emergence of the ‘basic structure’ doctrine, pioneered by the Supreme Court, significantly curtailed the Parliament’s amending power. This doctrine posits that while the Constitution can be amended, its fundamental features – the basic structure – cannot be altered. This principle, born out of concerns over potential authoritarian overreach, has become a cornerstone of Indian constitutional law, safeguarding the core values enshrined in the Constitution.
Article 368 and the Amending Power
Article 368 details the process of constitutional amendments, requiring a special majority in both Houses of Parliament (two-thirds of members present and voting, and a majority of the total membership of each House) and, in some cases, ratification by at least half of the state legislatures. Initially, the Parliament was perceived to have unlimited amending power. However, this view was challenged.
The Emergence of the Basic Structure Doctrine
The seeds of the basic structure doctrine were sown during the debates in the Constituent Assembly. However, it gained prominence through a series of Supreme Court cases:
- Kesavananda Bharati v. State of Kerala (1973): This landmark case established the basic structure doctrine. The Court held that while Parliament has the power to amend any part of the Constitution, it cannot alter its ‘basic structure’ or essential features.
- Maneka Gandhi v. Union of India (1978): Expanded the scope of fundamental rights and reinforced the importance of constitutional principles.
- Indira Nehru Gandhi v. Raj Narain (1975): Further solidified the doctrine, preventing amendments aimed at circumventing judicial review.
Elements of the Basic Structure
The basic structure isn’t explicitly defined in the Constitution, and its contours have evolved through judicial interpretation. Some commonly recognized elements include:
- Supremacy of the Constitution
- Republican and Democratic form of government
- Secular character of the Constitution
- Federal character of the Constitution
- Separation of powers
- Judicial review
- Principle of free and fair elections
- Welfare state
Amendments Struck Down
Several constitutional amendments have been struck down by the Supreme Court for violating the basic structure. Notable examples include:
| Amendment | Year | Reason for being struck down |
|---|---|---|
| 24th Amendment | 1971 | Attempted to curtail judicial review by limiting the scope of fundamental rights. |
| 25th Amendment | 1971 | Sought to restrict the power of the judiciary to issue writs. |
| 42nd Amendment | 1976 | Extensive amendment during the Emergency, altering the basic structure by attempting to create a centralized system and curtailing fundamental rights. |
Contemporary Relevance
The basic structure doctrine continues to be relevant today. It serves as a check on legislative overreach and protects the fundamental principles of the Constitution. Debates surrounding constitutional amendments, particularly those impacting fundamental rights or the federal structure, are often evaluated in light of this doctrine.
Conclusion
The basic structure doctrine represents a significant evolution in Indian constitutional law. It balances the Parliament’s amending power with the need to preserve the core values and principles of the Constitution. While it has been criticized by some as judicial overreach, it remains a vital safeguard against authoritarian tendencies and ensures the enduring nature of India’s constitutional framework. The doctrine’s continued relevance lies in its ability to adapt to evolving societal needs while upholding the fundamental tenets of the 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.