Basic Structure of the Constitution
- The Basic Structure refers to those fundamental aspects of the Indian Constitution that cannot be altered by an Act of Parliament.
- It is a judicial innovation that emerged to protect the fundamental principles and spirit of the Constitution from being eroded by legislative amendments.
Amendment Powers and Limitations
- Under Article 368, the Parliament can amend any part of the Constitution, including the Fundamental Rights, but it cannot affect the 'basic structure' of the Constitution.
Key Cases and Outcomes (Evolution of the Doctrine)
- Shankari Prasad Case (1951)
- The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 includes the power to amend Fundamental Rights.
- Golaknath Case (1967)
- The Supreme Court reversed its earlier stance.
- It ruled that Fundamental Rights are given a 'transcendental and immutable' position, and hence, the Parliament cannot abridge or take away any of these rights.
- 24th Amendment Act (1971)
- This was Parliament's response to the Supreme Court judgment in the Golaknath case.
- This Act amended Articles 13 and 368.
- It declared that under Article 368, the Parliament has the power to abridge or take away any of the Fundamental Rights, and such an act will not be considered a law under Article 13 (thus trying to nullify the Golaknath verdict).
- Kesavananda Bharati Case (1973)
- The Supreme Court overruled its judgment in the Golaknath case (1967).
- It empowered the Parliament to abridge or take away any of the Fundamental Rights.
- It also introduced the doctrine of the basic structure.
- It ruled that under Article 368, the Parliament is not empowered to amend the Basic Structure of the Constitution.
- This landmark judgment laid down that while Parliament has extensive powers to amend the Constitution, it cannot alter its foundational features.
- 42nd Amendment Act (1976)
- This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament.
- It widened the scope of amendment under Article 368, stating that no amendment can be questioned in any court on any ground, including contravention of Fundamental Rights. (This was an attempt by Parliament to assert its supremacy over the judiciary).
- Minerva Mills Case (1980)
- The Supreme Court invalidated provisions mentioned in the 42nd Amendment Act that curtailed judicial review and limited Parliament's amending power.
- It added that Judicial Review is part of the Basic Structure of the Constitution.
- This case reaffirmed the Basic Structure doctrine and underscored the Supreme Court's role as the final interpreter of the Constitution.
- Waman Rao Case (1981)
- The Supreme Court clarified that the doctrine of the 'basic structure' applies to constitutional amendments enacted after April 24, 1973 (the date of the Kesavananda Bharati judgment). This meant amendments made before this date would not be subjected to the basic structure test.
Elements of the Basic Structure
There are no fixed elements under the Basic Structure of the Constitution. The Supreme Court is yet to decide and clarify it. However, based on various cases, the following list has been prepared (non-exhaustive):
- Supremacy of the Constitution
- Sovereign, democratic, and republican nature of the Indian polity
- Secular character of the Constitution
- Separation of powers between the legislature, executive, and judiciary
- Federal character of the Constitution
- Unity and integrity of the nation
- Welfare state (socio-economic justice)
- Judicial review
- Freedom and dignity of the individual
- Parliamentary system
- Rule of law
- Harmony and balance between Fundamental Rights and Directive Principles
- Principle of equality
- Free and fair elections
- Independence of Judiciary
- Limited power of Parliament to amend the Constitution
- Effective access to justice
- Principles (or essence) underlying fundamental rights
- Powers of the Supreme Court under Articles 32, 136, 141, and 142
- Powers of the High Courts under Articles 226 and 227
Additional Points from Research:
- Rationale Behind the Doctrine: The doctrine was developed to prevent Parliament from abusing its amending power to alter the fundamental identity of the Constitution, especially after several attempts to undermine the judiciary and fundamental rights.
- Unwritten but Accepted: Although the Basic Structure doctrine is not explicitly mentioned in the Constitution, it has been firmly established through a series of Supreme Court judgments and is a cornerstone of Indian constitutional law.
- Flexibility and Rigidity: The Basic Structure doctrine strikes a balance between the flexibility of amending the Constitution (allowing it to adapt to changing times) and its rigidity (preventing its core values from being destroyed).
- Guardianship of the Constitution: It reinforces the Supreme Court's role as the ultimate interpreter and guardian of the Constitution.
- Controversy: The doctrine has been a subject of debate, with some critics arguing that it grants the judiciary excessive power to invalidate constitutional amendments, thereby encroaching on parliamentary sovereignty. However, proponents argue it is essential to preserve the democratic and constitutional values.
- Impact: The Basic Structure doctrine has had a profound impact on Indian polity, safeguarding democratic principles, fundamental rights, and the separation of powers. It ensures that the core values envisioned by the framers of the Constitution remain intact.
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