| Introduction: Give a brief description of the doctrine. Body: Highlight the role of the Basic Structure Doctrine in safeguarding Indian democracy and its implications on the balance of power between the Judiciary and Legislature. Conclusion: Way forward |
The “Basic Structure” concept is a product of Indian-specific judicial innovation. According to the idea, the Parliament’s ability to modify the constitution cannot change certain aspects of it. The Indian Constitution does not refer to “Basic Structure.”
Role of “Basic Structure Doctrine” in safeguarding Indian democracy
- Preservation of Fundamental Rights: The protection of the fundamental rights entrenched in the Constitution is guaranteed by the Basic Structure Doctrine. It thwarts any effort to weaken or jeopardize citizens’ fundamental rights by designating some fundamental concepts as immutable.
- Constitutional Supremacy: This theory maintains that the Constitution is supreme. It states that the Constitution is the ultimate rule of the land and that any legislation that deviates from its fundamental framework may be overturned. This upholds the fundamentals of the rule of law and constitutionalism.
- Protection of Federal Structure: The theory maintains the balance of power between the federal and state levels, hence protecting the federal structure of the Indian Constitution. Any attempt to change this federal balance in a way that isn’t compliant with the fundamental framework is subject to judicial review.
Implications on the Balance of Power
- Possibility of Judicial Activism: Detractors argue that the Basic Structure Doctrine could lead to judicial activism, in which judges freely interpret the Constitution and heavily meddle in public policy decisions. This may give rise to worries over the division of powers.
- Judicial Supremacy vs. Parliamentary Sovereignty: The Basic Structure Doctrine has led to debates regarding the appropriate balance between judicial supremacy and parliamentary sovereignty. Critics argue that it may unduly empower the judiciary at the expense of elected representatives.
- Limitation on Democratic Decision-Making: The doctrine limits the power of elected representatives to amend the Constitution freely. While it safeguards fundamental rights, it also raises questions about whether unelected judges should have the authority to curtail the decisions of elected representatives.
Conclusion
The Basic Structure Doctrine remains a debated concept in Indian democracy. While it arguably safeguards core democratic principles, its implications for the balance of power and its potential to hinder progress cannot be ignored. Finding a workable compromise that respects both democratic legitimacy and constitutional integrity is crucial for India’s future.
