Table of Contents:
- Write a Short note on Kesavananda Bharati's case regarding "the Basic Structure of the Indian Constitution".
- What do you understand by " Doctrine of Basic Structure"? Analyze its importance for the Indian constitution. ( UPPSC 2019)
- Discuss the evolution and impact of the "Basic structure doctrine" of the Indian Constitution. ( UPPSC 2022)
Question.
Write a Short note on Kesavananda Bharati's case regarding "the Basic Structure of the Indian Constitution".
Answer.
The Keshavananda Bharati case is a landmark judgment in Indian constitutional law, that established the doctrine of the "Basic Structure" of the Indian Constitution.
Here are some key points on this case:
Background:
The case was heard by the Supreme Court of India in 1973 and is named after the petitioner, Swami Keshavananda Bharati, who was the head of a Hindu religious mutt in Kerala. It challenged the constitutional validity of the 24th, 25th, and 29th constitutional amendment acts, which were aimed at curtailing the power of the judiciary and the fundamental rights of citizens. This petition sought to place certain limitations on the power of Parliament to amend the Constitution.
The doctrine of Basic Structure:
The Supreme Court made a historic decision by a 7:6 majority, ruling that while Parliament had the authority to amend the Constitution, this power was not unlimited. The court held that there exists a "Basic Structure" of the Constitution that cannot be altered or destroyed through amendments.
Basic Structure Components:
Although the judgment did not provide a complete list of what constitutes the Basic Structure. However, it did identify some key elements that are included in the Basic structure of the Constitution, including the supremacy of the Constitution, the democratic and republican form of government, federalism, secularism, separation of powers, and individual fundamental rights.
Limitation on Parliament:
The Keshavananda Bharati case imposed a significant limitation on Parliament's power to amend the Constitution. Amendments that violate the Basic Structure are subject to judicial review and can be declared void by the courts.
Subsequent Impact:
This case has had a profound impact on Indian constitutional law. It has been cited in numerous subsequent cases to challenge amendments that are perceived to infringe upon the Basic Structure. As a result, it has served as a safeguard to protect the core principles of the Constitution.
In summary, the Keshavananda Bharati case established the doctrine of the Basic Structure of the Indian Constitution, limiting Parliament's power to amend it and ensuring the preservation of essential constitutional principles.
Question.
What do you understand by " Doctrine of Basic Structure"? Analyze its importance for the Indian constitution.
( UPPSC Mains General Studies-II/GS-2 2019)
Answer.
The "Doctrine of Basic Structure" is a legal principle that originated from a landmark judgment of the Supreme Court of India in the case of Kesavananda Bharati v. State of Kerala in 1973.
The doctrine holds that fundamental principles of the Constitution cannot be amended through ordinary legislative processes or constitutional amendment acts.
The "Doctrine of Basic Structure" established that there are certain inherent and essential elements that form the backbone of the Indian Constitution like judicial review power of the Supreme Court, federal structure, fundamental rights, the secular nature of the constitution, etc.
These basic elements act as its basic structure, which must be preserved and protected from arbitrary changes.
Importance of the Doctrine of Basic Structure for the Indian Constitution:
Preservation of Fundamental Rights:
The doctrine ensures that fundamental rights enshrined in Part III of the Constitution, such as the right to equality, right to freedom, and right to life, are safeguarded from any attempts to dilute or curtail them.
Preserving the Federal Structure:
The basic structure doctrine protects the federal structure of the Indian Constitution, preventing any alteration that may adversely affect the distribution of powers between the Union and the states.
Securing Secularism:
Secularism is considered a basic feature of the Indian Constitution, and the doctrine ensures that any attempt to undermine the secular fabric of the nation is not permissible.
Democratic Principles:
The doctrine upholds the democratic principles of the Constitution, ensuring that the democratic setup, including free and fair elections and the rule of law, cannot be undermined.
Judicial Review:
The principle of judicial review, which empowers the judiciary to review the constitutionality of laws, is considered part of the basic structure. It enables the judiciary to safeguard the Constitution's sanctity.
Parliamentary System:
The doctrine protects the parliamentary system of government, which includes the principles of parliamentary supremacy and collective responsibility of the Council of Ministers.
Unity and Integrity of the Nation:
The doctrine ensures that any attempt to tamper with the unity and integrity of the nation is not permissible.
Balance of Powers:
The basic structure doctrine preserves the delicate balance of powers among the three branches of government—executive, legislative, and judiciary.
The Doctrine of Basic Structure has been a crucial legal principle that acts as a bulwark against potential abuse of the amending power under Article 368 of the Constitution. It gives the judiciary the authority to strike down constitutional amendments that violate the basic structure, ensuring that the Constitution remains true to its core principles and values while still being able to adapt to changing circumstances.
Question.
Discuss the evolution and impact of the "Basic structure doctrine" of the Indian Constitution.
( UPPSC Mains General Studies-II/GS-2 2022)
Answer.
The "Basic Structure doctrine" is a significant judicial principle that evolved in India through a series of landmark Supreme Court judgments, mainly from the "Keshvananda Bharati Case of 1973". It refers to the idea that certain essential features of the Indian Constitution cannot be amended by the Parliament, even though Article 368 of the Constitution grants the power to amend the Constitution.
The Basic Structure doctrine acts as a limitation on the amending power of the Parliament, safeguarding the core principles and values of the Constitution from being altered in a manner that could undermine its democratic and secular character.
The evolution and impact of the "Basic structure doctrine" of the Indian Constitution are as follows:
Evolution of the Basic Structure doctrine:
Kesavananda Bharati v. State of Kerala (1973):
The case of Kesavananda Bharati was a landmark judgment that laid the foundation for the Basic Structure doctrine. The Supreme Court, in a 7-6 decision, held that there are certain essential features of the Constitution that form its basic structure and cannot be amended. The Court introduced the concept of implied limitations on the amending power, thus curbing the Parliament's ability to amend any part of the Constitution without restrictions.
Components of Basic Structure:
The Court did not provide an exhaustive list of the components of the Basic Structure but identified some fundamental features, such as the supremacy of the Constitution, the rule of law, the democratic and republican form of government, secularism, federalism, separation of powers, and the independence of the judiciary.
Impact of the Basic Structure doctrine:
Constitutional Supremacy:
The Basic Structure doctrine upholds the supremacy of the Constitution over the Parliament's power to amend it. It ensures that the Constitution remains the paramount law of the land and cannot be altered arbitrarily.
Protection of Fundamental Rights:
The Basic Structure doctrine acts as a safeguard for fundamental rights enshrined in the Constitution. It prevents the Parliament from amending provisions that protect individual rights and liberties.
Checks on Executive Power:
The doctrine serves as a check on the executive's power and prevents any attempt to centralize authority or undermine the principles of democratic governance.
Preserving Federalism:
The Basic Structure doctrine protects the federal nature of India's polity by restricting the Parliament's ability to alter the federal structure of the Constitution.
Secularism and Pluralism:
The doctrine safeguards the secular character of the Constitution and ensures that no amendment can alter the principle of equal treatment of all religions.
Judicial Independence:
The Basic Structure doctrine reinforces the independence of the judiciary by protecting the provisions that guarantee judicial review and the judiciary's role as the guardian of the Constitution.
Stability and Continuity:
The doctrine brings stability and continuity to the constitutional framework by preventing frequent and arbitrary changes to the fundamental features of the Constitution.
Despite its significance, the Basic Structure doctrine has been a subject of debate and criticism. Some critics argue that it gives the judiciary excessive power and may lead to judicial activism. However, the doctrine remains a fundamental aspect of Indian constitutional jurisprudence and has contributed to upholding the essence of the Constitution and its core values.
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