Introduction of Basic Structure of Doctrine
The Basic Structure Doctrine is a judicial principle in Indian constitutional law that holds certain features of the Constitution of India as inviolable. This doctrine emerged from a series of landmark judgments by the Supreme Court of India, which determined that while the Parliament has wide-ranging powers to amend the Constitution, it cannot alter its “basic structure” or essential features. Here is an overview of the development and key components of this doctrine:
The Basic Structure Doctrine is a principle in Indian constitutional law that asserts that there are certain fundamental features of the Constitution of India that cannot be altered or destroyed through amendments by the Parliament. This doctrine ensures that while the Parliament has the power to amend the Constitution, it does not have unlimited power to change its core principles and essential features. The doctrine was established by the Supreme Court of India to maintain the original ideals and framework of the Constitution.
Key Points to Understand the Basic Structure Doctrine
1. Judicial Safeguard: The doctrine acts as a safeguard against potential misuse of the amendment power by the Parliament, ensuring that the basic identity of the Constitution is preserved.
2. Core Features Protected: While the Supreme Court has not provided an exhaustive list of what constitutes the basic structure, several features have been identified through various judgments, including:
– Supremacy of the Constitution: The Constitution is the highest law, and all laws and amendments must conform to it.
– Republican and Democratic Form of Government: India’s government must remain a democracy with free and fair elections.
– Secularism: The state must treat all religions impartially and equally.
– Separation of Powers: The distinct roles and independence of the executive, legislature, and judiciary must be maintained.
– Federalism: The division of powers between the central and state governments.
– Judicial Review: The judiciary’s power to review and invalidate unconstitutional laws and amendments.
– Rule of Law: All actions of the government must be conducted according to law, ensuring justice and equality.
3. Historical Development: The doctrine was articulated in the landmark Kesavananda Bharati case (1973), where the Supreme Court held that while the Parliament could amend the Constitution, it could not alter its basic structure. This case was a response to previous conflicting decisions where the extent of Parliament’s power to amend the Constitution was debated. The Basic Structure Doctrine limits the amending power of the Parliament, preventing it from enacting changes that would undermine the Constitution’s fundamental framework. This ensures continuity and stability in India’s constitutional democracy.
Significance
– Protection of Fundamental Rights: Ensures that fundamental rights and liberties are preserved against potential encroachment by the state.
– Preservation of Constitutional Identity: Maintains the original vision and values of the Constitution’s framers.
– Judicial Oversight: Enhances the role of the judiciary in protecting the Constitution from potentially harmful amendments.
In essence, the Basic Structure Doctrine is a critical judicial principle that protects the core values and principles of the Indian Constitution from being altered by legislative changes, ensuring that the foundational framework of India’s democracy remains intact.
Article
The Basic Structure Doctrine is primarily related to Article 368 of the Constitution of India, which deals with the power of Parliament to amend the Constitution. However, the doctrine itself is not explicitly mentioned in any article of the Constitution. Instead, it is a judicially created doctrine developed by the Supreme Court of India through its interpretations of Article 368 and other constitutional provisions.
Article 368: Power of Parliament to Amend the Constitution
Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. It states:
1. Power of Parliament to Amend the Constitution and Procedure, Therefore:
– Parliament may, in the exercise of its constituent power, amend by way of addition, variation, or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
2. Procedure for Amendment:
– An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill.
3. Special Procedure for Certain Amendments:
– Some provisions, such as those affecting the federal structure, require ratification by at least half of the State Legislatures.
Judicial Interpretation and Development of the Basic Structure Doctrine
The Basic Structure Doctrine was articulated by the Supreme Court in the landmark Kesavananda Bharati v. State of Kerala case (1973). In this case, the Supreme Court held that while Article 368 gives Parliament the power to amend the Constitution, this power is not absolute. Parliament cannot alter the “basic structure” or essential features of the Constitution.
Article 368 of the Indian Constitution: Detailed Explanation
Article 368 of the Indian Constitution grants the Parliament the power to amend the Constitution and lays down the procedures for such amendments. This article ensures that the Constitution is not rigid and can be amended to adapt to changing needs and circumstances, while also incorporating safeguards to prevent hasty or ill-considered changes to its fundamental principles.
Key Provisions of Article 368
1. Power to Amend the Constitution:
– Article 368(1) explicitly states that the Parliament may amend the Constitution by way of addition, variation, or repeal of any provision, following the procedure outlined in the article.
2. Procedure for Amending the Constitution:
– Introduction of Amendment Bill: An amendment can be initiated only by introducing a Bill in either House of Parliament (Lok Sabha or Rajya Sabha).
– Passage in Both Houses: The Bill must be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
– Presidential Assent: Once the Bill is passed by both Houses, it is presented to the President for assent. Upon receiving the President’s assent, the Constitution stands amended according to the terms of the Bill.
3. Special Provisions for Certain Amendments:
– Ratification by States: Certain amendments that affect the federal structure require ratification by at least half of the State Legislatures. This includes amendments that:
– Affect the election of the President.
– Modify the representation of States in Parliament.
– Affect the powers and authority of the Supreme Court and High Courts.
– Alter the distribution of legislative powers between the Union and the States.
– Amend the provisions of Article 368 itself.
4. Restrictions on Amendments:
– Basic Structure Doctrine: While Article 368 outlines the procedure for amendments, the Supreme Court’s Basic Structure Doctrine imposes an implicit limitation. Parliament cannot amend provisions that constitute the “basic structure” of the Constitution, as identified by the judiciary.
Significance of Article 368
– Flexibility and Adaptability: Article 368 provides the necessary flexibility for the Constitution to evolve over time through amendments.
– Protection of Fundamental Principles: Through judicial interpretations, particularly the Basic Structure Doctrine, Article 368 ensures that the core values and principles of the Constitution are preserved.
– Democratic Process: The requirement of a supermajority in Parliament and, for certain amendments, ratification by State Legislatures, ensures that amendments reflect a broad consensus, protecting the Constitution from hasty or unilateral changes.
Article 368 is a cornerstone of the Indian constitutional framework, balancing the need for change with the preservation of fundamental principles. Its interpretation by the judiciary, especially through the Basic Structure Doctrine, ensures that while the Constitution can adapt to new challenges and needs, its core ethos and foundational values remain inviolable.
Origins and Development
1. Shankari Prasad Case (1951):
– The Supreme Court ruled that the power to amend the Constitution under Article 368 includes the power to amend Fundamental Rights.
2. Sajjan Singh Case (1965):
– The court reaffirmed its decision in Shankari Prasad, allowing Parliament to amend any part of the Constitution, including Fundamental Rights.
3. Golak Nath Case (1967):
– This case marked a significant shift. The Supreme Court ruled that Parliament could not amend Fundamental Rights, emphasizing that the power to amend does not include the power to abridge these rights.
4. Kesavananda Bharati Case (1973):
– This landmark case established the Basic Structure Doctrine. The Supreme Court held that while Parliament has the authority to amend the Constitution, it cannot alter its basic structure. The basic structure includes essential elements such as the supremacy of the Constitution, the rule of law, the principle of separation of powers, and the objectives outlined in the Preamble (such as justice, liberty, equality, and fraternity).
5. Indira Gandhi v. Raj Narain (1975):
– The court further elaborated on the Basic Structure Doctrine, stating that democracy, judicial review, and free and fair elections are part of the basic structure.
6. Minerva Mills Ltd. v. Union of India (1980):
– The court held that the power of judicial review is a part of the basic structure of the Constitution and cannot be taken away by an amendment.
7.S.R. Bommai v. Union of India (1994):
– The court expanded on the doctrine, emphasizing the secular nature of the Constitution as part of its basic structure.
Key Components of the Basic Structure
While the Supreme Court has not provided an exhaustive list of what constitutes the basic structure, several key elements have been identified through various judgments:
1. Supremacy of the Constitution: The Constitution is the supreme law of the land.
2. Republican and Democratic Form of Government: The democratic framework of the government, including free and fair elections.
3. Secular Character of the Constitution: The state must maintain a neutral stance towards all religions.
4. Separation of Powers: The independence and distinct functions of the executive, legislature, and judiciary.
5. Federalism: The division of powers between the central and state governments.
6. Judicial Review: The power of the judiciary to review and strike down unconstitutional amendments or laws.
7. Rule of Law: The principle that law governs the nation, ensuring equality and justice.
Impact and Significance
The Basic Structure Doctrine serves as a check on the amending powers of Parliament, ensuring that the core principles of the Constitution remain intact. This doctrine is significant because it protects the fundamental ethos and values embedded in the Constitution, ensuring that amendments do not distort its essential character. It reinforces the stability and continuity of the constitutional order by safeguarding critical principles such as democracy, federalism, and the protection of fundamental rights.
Conclusion
The Basic Structure Doctrine is a cornerstone of Indian constitutional jurisprudence. By limiting the scope of constitutional amendments, preserves the integrity and foundational principles of the Constitution, thus ensuring that the essence of India’s constitutional democracy remains unaltered.
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