The Supreme Court, led by Chief Justice D.Y. Chandrachud, ruled that a law’s validity cannot be challenged on the grounds of violating the Basic Structure doctrine.
- The judgment upheld the State’s authority to legislate on issues like madrasa regulation and questioned the applicability of the Basic Structure doctrine to ordinary laws.
- Chief Justice Chandrachud noted that concepts like democracy, federalism, and secularism in the Basic Structure are “undefined,” and using them to invalidate laws could create uncertainty in constitutional interpretation.
What is Doctrine of Basic Structure?:
The Doctrine of Basic Structure asserts that certain core elements of the Indian Constitution are unalterable by Parliament.
Any amendment that seeks to modify these essential features is deemed unconstitutional, serving as a safeguard to maintain the Constitution’s stability and adherence to its fundamental values.
Evolution of Basic Structure Doctrine:
The Basic Structure Doctrine, not explicitly stated in the Constitution, evolved through Supreme Court rulings on Parliament’s amendment powers. The key cases are as follows:
- Shankari Prasad Case (1951): Supreme Court ruled that constitutional amendments could alter Fundamental Rights.
- Golak Nath Case (1967): Reversed earlier ruling; amendments cannot abrogate Fundamental Rights.
- 24th Amendment Act (1971): Parliament reasserted its right to amend Fundamental Rights.
- Kesavananda Bharati Case (1973): Established the Basic Structure Doctrine, limiting Parliament from altering the Constitution’s core principles.
- 42nd Amendment Act (1976): Parliament attempted to remove all limits on amendment powers.
- Minerva Mills Case (1980): Judicial Review upheld as a core feature, invalidating parts of the 42nd Amendment.
- Waman Rao Case (1981): Doctrine applies to amendments post-Kesavananda.
Current Position: Parliament can amend the Constitution under Article 368, but without altering its Basic Structure
Elements of the Basic Structure of the Indian Constitution
The Supreme Court has identified key elements of the Constitution’s Basic Structure, evolving through multiple judgments without defining it precisely. Key elements include:
- Supremacy of the Constitution
- Sovereign, Democratic, and Republican nature
- Secular character
- Separation of powers
- Federal structure
- National unity and integrity
- Welfare State
- Judicial Review
- Individual freedom and dignity
- Parliamentary system
- Rule of law
- Balance between Fundamental Rights and Directive Principles
- Equality principle
- Free and fair elections
- Judicial independence
- Limited parliamentary power to amend the Constitution
- Access to justice
- Fundamental rights’ essence
- Supreme Court powers under Articles 32, 136, 141, and 142
- High Court powers under Articles 226 and 227
Significance of BSD:
- Preserves Integrity: Balances flexibility with the Constitution’s core integrity and stability.
- Upholds Supremacy: Reinforces the Constitution as the highest law.
- Ensures Constitutional Morality: Promotes justice, equality, and fairness.
- Prevents Authoritarianism: Acts as a defense against threats to democratic norms.
- Stabilizes Governance: Limits radical changes, ensuring legal stability.
- Protects Democracy: Safeguards democratic values and India’s republic identity.
- Secures Rights: Shields fundamental rights from amendments, supporting social justice.
- Empowers Judicial Review: Enables judiciary to review amendments, upholding rule of law.
Criticism of BSD:
- Lacks Constitutional Basis: Not explicitly grounded in the Constitution.
- Ambiguity: Lacks precise definition, leading to judicial discretion.
- Subjectivity: Relies on individual judges’ interpretations, causing inconsistency.
- Encourages Judicial Activism: Grants judiciary significant power over amendments.
- Violates Separation of Powers: Judiciary’s role encroaches on legislative powers.
- Undemocratic: Allows judges to overrule elected representatives.
- Limits Evolution: Restricts legislative flexibility to adapt to societal changes.
The doctrine of Basic Structure was propounded by the Indian Judiciary on 24th April 1973 in the Keshavananda Bharati case to put a limitation on the amending powers of the Parliament.
