Who is afraid of the Basic Structure?

Source: The post is based on the article “Suhas Palshikar writes: Who is afraid of the Basic Structure?” published in The Indian express on 5th September 2023.

Syllabus: GS2- Polity – Indian constitution

News: The author is criticizing Subrata Mitra’s ideas (‘Let’s debate Basic Structure’, IE, August 28, 2023) about the Basic Structure Doctrine in India. This doctrine is about the key principles of the Indian Constitution. The author supports the doctrine because it safeguards personal freedoms and disagrees with Mitra’s suggestion to discuss changing it.

What are the arguments in favour of and against revisiting the Basic Structure doctrine?

Arguments in Favour Revisiting:

Debatable Jurisprudential Basis: Mitra suggests that the Basic Structure Doctrine might have an uncertain legal foundation, making it worth revisiting.

Need for Clarity: There appears to be a lack of clarity regarding what exactly constitutes the Basic Structure. Mitra’s call to debate can be seen as a request for better definition and understanding.

Executive Limitation: Mitra posits that the uncertainties in the doctrine might be hampering the powers and functions of the executive, restraining effective governance.

Electorate’s Ability: The author mentions Mitra’s belief in the electorate’s capability to ensure accountability, hinting that a strong doctrine might not be essential if people can hold powers in check.

First Amendment Parallel: Mitra lauds the First Amendment for its progressive stance, implying that certain constitutional elements can and should be revisited for societal progress.

Against Arguments Revisiting:

Protection of Liberties: The author emphasizes that the doctrine is crucial in safeguarding individual liberties against potential executive and legislative overreach.

Historical Roots: Early debates on parliamentary sovereignty after India adopted its Constitution indirectly reinforced the need for the Basic Structure Doctrine.

Checks on Growing Executive Power: The author sees the doctrine as a necessary check against the increasing arbitrary power of executives worldwide.

Risk of Redefining Democracy: The article warns that revisiting the doctrine might pave the way for narrowing democratic space and ushering in authoritarian governance.

Potential for Misuse: Mitra’s call to revisit the doctrine could be seen as a covert plea to rewrite the entire Constitution, which could destabilize India’s democratic framework.