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Kesavananda Bharati case in which the Supreme Court laid down the “basic structure” doctrine on the limits of Parliament’s power to amend the Constitution, completed 50 years.

The Doctrine of Basic Structure is a key concept in Indian constitutional law that establishes the existence of certain essential features of the Constitution that cannot be amended or altered by the legislature. It ensures the protection and preservation of the fundamental principles that form the bedrock of the Indian Constitution.

According to the Constitution, Parliament and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature. The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of all laws. Thus with the intention of preserving the original ideals envisioned by the constitution-makers, the apex court pronounced that Parliament could not distort, damage or alter the basic features of the Constitution under the pretext of amending it. The phrase 'basic structure' itself cannot be found in the Constitution. The Supreme Court recognised this concept for the first time in the historic Kesavananda Bharati case in 1973.

What changed after Kesavananda Bharati case?

In the Kesavananda Bharati case, the Supreme Court of India examined the constitutional validity of the 24th Amendment Act, which sought to curtail the power of judicial review. The court, in a historic decision, introduced the Doctrine of Basic Structure, which laid down that the Parliament's amending power is subject to certain implied limitations.

The court ruled that while Parliament has the authority to amend the Constitution, it cannot alter or destroy its basic structure. The basic structure was defined as the foundational principles and essential features of the Constitution that form its core and cannot be tampered with.

The judgment in the Kesavananda Bharati case marked a significant departure from the earlier position that the amending power of Parliament was unlimited. It recognized the need to protect the basic structure of the Constitution, which includes principles like the supremacy of the Constitution, separation of powers, federalism, and fundamental rights.

The Doctrine of Basic Structure acts as a check on the arbitrary exercise of power by the legislature and ensures the preservation of the fundamental principles of the Constitution. It has played a crucial role in shaping the constitutional jurisprudence of India and has been invoked in subsequent cases to protect the core values of the Constitution.

Role in Upholding the Constitutional Framework

The Doctrine of Basic Structure plays a pivotal role in upholding the constitutional framework of India by safeguarding its core principles such as:

• ·         Supremacy of the Constitution: The Doctrine of Basic Structure asserts the supreme status of the Constitution and prevents any attempt to dilute or undermine its authority.
• ·         Fundamental Rights: The Doctrine ensures the protection of fundamental rights enshrined in the Constitution, guaranteeing the citizens' individual liberties and freedoms.
• ·         Separation of Powers: The Doctrine safeguards the principle of separation of powers by maintaining a balance between the executive, legislative, and judicial branches of government.
• ·         Judicial Review: It upholds the principle of judicial review, empowering the judiciary to review and strike down laws that violate the fundamental rights or the basic structure of the Constitution.

Examples of Landmark Cases:

The Doctrine of Basic Structure has been invoked in several landmark cases to protect the core principles of the Indian Constitution. Some notable examples include:

• ·         Indira Gandhi v. Raj Narain (1975): The Supreme Court, while applying the Doctrine of Basic Structure, struck down amendments that sought to curtail judicial review and dilute the independence of the judiciary.
• ·         S.R. Bommai v. Union of India (1994): The Supreme Court, while applying the Doctrine of Basic Structure, declared that secularism is a part of the basic structure of the Constitution and held that the imposition of President's Rule on the grounds of failure of the constitutional machinery should be based on valid and justifiable reasons.

The Doctrine of Basic Structure is a fundamental principle in Indian constitutional law that ensures the preservation of essential features and core principles of the Constitution.