What is basic structure doctrine?
The basic structure doctrine is a principle of Indian constitutional law that holds that certain fundamental features of the Constitution are essential to its basic structure and cannot be amended by the parliament. These fundamental features include the independence of the judiciary, the separation of powers, the federal structure of government, and the protection of individual rights. The doctrine was first articulated by the Supreme Court of India in the 1973 case of Kesavananda Bharati v. State of Kerala and has since been used to invalidate several amendments to the Constitution.
In this case, the court held that the Parliament’s power to amend the Constitution under Article 368 is not absolute and that there are certain “basic” or “essential” features of the Constitution that cannot be amended.
The basic structure doctrine has been used by the Supreme Court to strike down several amendments to the Constitution that were deemed to have violated the basic structure. For example, in the Minerva Mills v. Union of India case (1980), the court struck down an amendment that would have given the government greater control over the judiciary, stating that it violated the basic structure of the Constitution by undermining the independence of the judiciary.
The basic structure doctrine has also been used to protect the rights and freedoms of citizens. In the Maneka Gandhi v. Union of India case (1978), the court held that the right to personal liberty, which is protected by Article 21 of the Constitution, is a part of the basic structure and cannot be taken away by the government except in accordance with the procedures established by law.
The basic structure doctrine has been applied in several other cases as well, such as the Indira Gandhi v. Raj Narain case (1975), which struck down an amendment that would have allowed the Prime Minister to remain in office even if she was found guilty of election-related offenses, and the SR Bommai v. Union of India case (1994), which upheld the power of state governments to dismiss their own state government if it loses the confidence of the legislature.
The basic structure doctrine has also played an important role in shaping the development of constitutional law in India. It has been used to limit the scope of the Parliament’s power to amend the Constitution and to protect the rights and freedoms of citizens. It has also served as a reminder of the need to preserve the fundamental principles and values of the Constitution, even as the country faces new challenges and changing circumstances.
In conclusion, the basic structure doctrine is a principle in Indian constitutional law that holds that certain features of the Constitution are so essential to its fundamental nature and identity that they cannot be amended by the Parliament. This doctrine has been established in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. It has played an important role in shaping the development of constitutional law in India, as it has been used to limit the scope of the Parliament’s power to amend the Constitution and to protect the rights and freedoms of citizens. It has also served as a reminder of the need to preserve the fundamental principles and values of the Constitution, even as the country faces new challenges and changing circumstances.
FAQ
Q: What is the basic structure doctrine in Indian constitutional law?
A: The basic structure doctrine is a principle in Indian constitutional law that holds that certain features of the Constitution are so essential to its fundamental nature and identity that they cannot be amended by the Parliament, even if it has the power to do so under Article 368. These essential features include the basic structure or framework of the Constitution, such as the separation of powers, the federal structure, the independence of the judiciary, and the protection of fundamental rights.
Q: How was the basic structure doctrine first articulated?
A: The basic structure doctrine was first articulated by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. In this case, the court held that the Parliament’s power to amend the Constitution under Article 368 is not absolute and that there are certain “basic” or “essential” features of the Constitution that cannot be amended.
Q: What are some examples of how the basic structure doctrine has been applied in India?
A: The basic structure doctrine has been used by the Supreme Court to strike down several amendments to the Constitution that were deemed to have violated the basic structure. For example, in the Minerva Mills v. Union of India case (1980), the court struck down an amendment that would have given the government greater control over the judiciary, stating that it violated the basic structure of the Constitution by undermining the independence of the judiciary. In Maneka Gandhi v. Union of India (1978), the court held that the right to personal liberty is a part of the basic structure and cannot be taken away by the government except in accordance with the procedures established by law.
Q: What is the significance of the basic structure doctrine in shaping the development of constitutional law in India?
A: The basic structure doctrine has played an important role in shaping the development of constitutional law in India. It has been used to limit the scope of the Parliament’s power to amend the Constitution and to protect the rights and freedoms of citizens. It has also served as a reminder of the need to preserve the fundamental principles and values of the Constitution, even as the country faces new challenges and changing circumstances.
Q: Can the basic structure doctrine be overruled or changed?
A: The basic structure doctrine has been upheld by the Supreme Court of India in several cases and is considered a settled principle of constitutional law in India. It can’t be overruled or changed by the parliament or judiciary, it’s a fundamental principle of the Indian Constitution.