[Answered] Explain the concept of the “basic structure” doctrine established in the Kesavananda Bharati case. Discuss its implications on the Indian Parliament’s power to amend the Constitution and the protection of fundamental rights.

The Chief Justice of India, D. Y. Chandrachud compared the ‘basic structure’ of the Constitution to the North Star, which guides the path for everyone. The basic structure doctrine emerged in Kesavananda Bharati Case 1973 and was adopted by countries such as Pakistan, Bangladesh, and Malaysia to guide them too.

Basic Structure Doctrine refers to the legal doctrine which means that:

• A sovereign state and constitution have a peculiar nature, and that cannot be amended by the legislature.
• This doctrine limits the power of the legislature to make drastic amendments, which may affect the core values enshrined in the constitution.

This doctrine has proven to be essential in protecting constitutional values and the fundamental rights of citizens.

• In the Minerva Mills case, the 42^nd amendment which declared the unlimited power of legislature to amend and barred courts from questioning such amendments, was struck down, claiming that Judicial review is a basic structure and cannot be taken away.
• Basic Structure Doctrine has proven to be that bedrock of democracy, which has prevented the legislature from becoming totalitarian.
• By restraining the degradation of Fundamental Rights, it has ensured that essential fundamental rights are available to citizens at all times. E.g.- Freedom Of Speech for media in MediaOne case.
• In the NJAC case, the supreme court ruled that the opinion of the Chief Justice of India in judicial appointments was prime and formed a part of the Basic Structure. Thus, judicial independence has been upheld because of the doctrine.
• Various aspects of Basic Structure such as republican and democratic form of government, secular and federal character of constitution, welfare state and unity and integrity of the nation have helped consolidate the character of Indian democracy in the world.

However, some experts have criticized it, terming it as “tyranny of the unelected” since it gives the judiciary power to impose over a democratically elected government. The comments of the Vice President against the doctrine have opened the box of worms leading to debate over the importance of the doctrine, 50 years after it was pronounced.