Basic Structure Doctrine- How Basic Structure doctrine became one of the strongest safeguards for Indian democracy

Source: The post Basic Structure Doctrine has been created, based on the article “How Basic Structure doctrine became one of the strongest safeguards for Indian democracy” published in “Indian express” on 24th January 2024.

UPSC Syllabus Topic: GS Paper2- Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

News: The article discusses the Basic Structure doctrine in India’s Constitution, which prevents Parliament from making amendments that could lead to dictatorship or violate core constitutional principles.

What is the Basic Structure Doctrine?

The “Basic Structure” doctrine is a legal doctrine made from judicial innovation specific to the Indian context. The doctrine prescribes that certain constitutional features are essential for the state’s functioning. Such features are beyond the limits of the amending powers of the Parliament.

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How did the Basic Structure Doctrine evolve in India?

Early Cases: The Shankari Prasad (1951) and Sajjan Singh (1964) cases initially allowed Parliament extensive amendment powers, but also started discussions on constitutional limitations.

Introduction of “Basic Features”: In the Sajjan Singh case, Justice J.R. Mudholkar first used the term “basic features,” while expressing his thoughts about the potential limits of Parliament’s power to amend the Constitution. He drew inspiration from the Fazlul Chowdhury case in the Supreme Court of Pakistan, which used the phrase “essential features.” This discussion laid the groundwork for what would later become the Basic Structure doctrine in India.

Influence of Professor Dieter Conrad: His lecture at BHU in 1965, discussing implied limitations on constitutional amendments, influenced Indian legal thought and laid the groundwork for the Basic Structure concept.

Shift in Golaknath Case: The Golaknath verdict in 1967 marked a pivotal change, with the Supreme Court ruling that fundamental rights are unamendable, thus laying the groundwork for the Basic Structure concept.

Establishment in Kesavananda Bharati Case: The Kesavananda Bharati case in 1973 officially established the Basic Structure Doctrine, stating that Parliament can’t alter the essential elements of the Constitution.

Why is the Basic Structure Doctrine important?

Protection Against Tyranny: The Basic Structure Doctrine prevents Parliament from creating amendments that could lead to dictatorship or undermine democratic values, as emphasized in the Kesavananda Bharati case.

Checks Unlimited Power: It serves as a safeguard against the absolute power of the majority in Parliament, ensuring that even popular decisions cannot violate core constitutional principles.

Guarantees Constitutional Consistency: The doctrine ensures that essential features of the Constitution, like fundamental rights and democratic principles, remain unchanged, despite parliamentary amendments.

Balances Judiciary and Legislature: By allowing the judiciary to review constitutional amendments, it maintains a balance between legislative authority and constitutional integrity.

Upholds Democratic Ideals: The doctrine is pivotal in sustaining democracy by preventing the institutionalization of tyranny, even if proposed amendments have unanimous parliamentary support.

Way forward

The way forward requires steadfast adherence to the Basic Structure doctrine, as a means to protect democratic principles and avert authoritarian rule. It’s essential for the judiciary to consistently monitor and ensure that Parliament’s amendments do not contravene the core values of the Constitution. This approach, rooted in the precedent set by the Kesavananda Bharati case, will maintain the crucial balance between legislative power and constitutional sanctity.

Question for practice:

Discuss the evolution and significance of the Basic Structure Doctrine in India’s Constitution.