🌟 Basic Structure Doctrine 🌟
The Basic Structure Doctrine ensures that certain core principles of the Indian Constitution 🇮🇳 cannot be changed by Parliament, even through amendments. Interestingly, the term “Basic Structure” is not mentioned anywhere in the Constitution! ⚖️📜
📰 In the News 🌟
📌 April 2023 – 50 Years of the Kesavananda Bharati Judgment 🏛️✨
The landmark Kesavananda Bharati case (1973), which introduced the Basic Structure Doctrine, has completed 50 years. This ruling continues to shape India’s constitutional law by ensuring that Parliament cannot alter the core principles of the Constitution. 📜⚖️
📌 May 2023 – Supreme Court: District Judiciary’s Independence is Part of the Basic Structure ⚖️🏛️
The Supreme Court (SC) ruled in the All India Judges Association vs. Union of India case that District Judiciary’s independence is a fundamental part of the Basic Structure of the Constitution. Judicial independencel and Access to justice protects Fundamental Rights (Part III of the Constitution) 🏛️🕊️🏛️.
🔄 How This Doctrine Evolved Over Time
📌 A.K. Gopalan vs State of Madras (1950) – The Supreme Court ruled that Article 21 (Right to Life & Liberty) 🕊️ only protects against arbitrary executive action, not legislative action. This meant that the State could take away a person’s life or liberty if a law permitted it. Unlike the U.S. Constitution, India follows ‘procedure established by law’, meaning courts could not question whether a law was fair or just.
📌 Shankari Prasad vs Union of India (1951) – The court said Parliament can amend fundamental rights ✍️ under Article 368.
📌 Sajjan Singh vs State of Rajasthan (1965) – Parliament’s power to amend fundamental rights was upheld again, but some judges disagreed. ⚖️
📌 Golaknath vs State of Punjab (1967) – The court changed its view and ruled that fundamental rights cannot be amended. 🚫✍️
📌 24th Constitutional Amendment (1971) – Parliament overruled Golaknath’s decision, restoring its power to amend any part of the Constitution. 🏛️
⚖️ Birth of the Basic Structure Doctrine
📌 Kesavananda Bharati vs State of Kerala (1973) – The Supreme Court ruled that Parliament can amend the Constitution, but not its basic structure! 💡
📌 Indira Gandhi vs Raj Narain (1975) – The court rejected a law that tried to prevent courts from reviewing election disputes, reinforcing the basic structure concept. 🚨
📌 42nd Amendment (1976) – Parliament tried to give itself unlimited power to amend the Constitution. Later, the Supreme Court struck down this idea. ❌
📌 Maneka Gandhi vs Union of India (1978) – The court ruled that laws must be fair and just ⚖️, expanding the meaning of Article 21 (Right to Life & Liberty) 🕊️.
📌 Minerva Mills vs Union of India (1980) – The court ruled that judicial review is part of the Basic Structure and Parliament cannot take it away. 🔍⚖️
📌 Waman Rao vs Union of India (1981) – The court clarified that laws made before 1973 are safe, but laws made after that must follow the Basic Structure Doctrine. 📜
📌 Indra Sawhney vs Union of India (1992) – The court upheld OBC reservations but said total reservations cannot exceed 50%, ensuring equality is part of the Basic Structure. 🤝
📌 Kihoto Hollohan vs Zachillhu (1993) – The court upheld anti-defection laws, but allowed judicial review, adding free elections and democracy to the Basic Structure. 🗳️
📌 S.R. Bommai vs Union of India (1994) – Declared that Federalism, Secularism, and Democracy are part of the Basic Structure. The President’s Rule was also made subject to judicial review. 🌍⚖️
📌 IR Coelho vs State of Tamil Nadu (2007) – The court ruled that laws added to the Ninth Schedule can still be challenged in court if they violate the Basic Structure. 🔍📜
🏛 What Is Included in the ‘Basic Structure’?
✔️ Sovereignty of India 🇮🇳
✔️ Individual freedoms 🕊️
✔️ Welfare State 🏥
✔️ Supremacy of the Constitution 📜
✔️ Democratic Government 🗳️
✔️ Secularism & Federalism 🏛️
✔️ Separation of Powers (Legislature, Executive, Judiciary) ⚖️
✔️ Unity & Integrity of the Nation 🤝
✔️ Judicial Review 🔍
✔️ Balance between Fundamental Rights & Directive Principles ⚖️
⚡ Key Cases Where the Doctrine Was Applied
📌 1975 – Indira Gandhi vs Raj Narain – First time Basic Structure was used to strike down 39th Amendment act as it violated the basic structure. 🚨
📌 1980 – Minerva Mills Case – Parliament cannot destroy Basic Structure through amendments. 📜
📌 1981 – Waman Rao Case – The doctrine applies only after 1973, that is not applicable retrospectively 📆
📌 1992 – Kihoto Hollohan Case – Upheld anti-defection law and Free & fair elections added to the Basic Structure. 🗳️
📌 1992 – Indira Sawhney Case – Rule of Law added to the basic feature. In this case the court upheld OBC reservations but said total reservations cannot exceed 50%⚖️
📌 1994 – S.R. Bommai Case – Federalism, Secularism & Judicial Review reaffirmed as Basic Features. It made the President’s Rule subject to judicial review. The Supreme Court’s ruling in this case established strict guidelines for the use of Article 356 of the Constitution. 🏛️
🌟 Significance of the Basic Structure Doctrine 🌟
The Basic Structure Doctrine plays a crucial role in protecting the core values of the Indian Constitution 🇮🇳 while ensuring that it adapts to changing times.
✅ Checks Parliament’s Power – Prevents Parliament from making extreme changes to the Constitution. 🏛️✋
✅ Preserves Constitutional Values – Ensures that fundamental principles like Rule of Law, Separation of Powers, and Judicial Independence remain intact. ⚖️📜
✅ Balances Power – Granville Austin states that this doctrine maintains a balance between Parliament’s authority and the Supreme Court’s duty to protect the Constitution. ⚖️⚖️
✅ Protects Federalism – Ensures that the federal structure of India is not weakened. 🌍
✅ Empowers the Judiciary – Allows courts to interpret the Constitution and strike down unconstitutional amendments. 🔍
✅ Safeguards Fundamental Rights – Prevents authoritarian laws that may violate citizens’ rights. 🕊️
✅ Encourages Judicial Activism – Gives the judiciary the power to check the actions of the legislature and executive. 🚨
⚖️ Criticism of the Basic Structure Doctrine
🔴 Unclear Definition – The exact meaning of ‘Basic Structure’ is debated, leading to confusion and different interpretations. 🤔⚖️
🔴 Judicial Activism vs. Democracy – Courts can strike down amendments made by elected representatives, raising concerns about democracy. 🏛️➡️🚫
🔴 Limits Parliament’s Power – Some believe this doctrine challenges parliamentary sovereignty, restricting Parliament’s ability to amend laws. 📜🚧
🔴 Difficult to Amend the Constitution – The doctrine can make necessary amendments harder, even when they are needed to address societal changes. 🔄📜
🔴 Judicial Overreach – Courts have used this doctrine in controversial cases, such as striking down the National Judicial Appointments Commission (NJAC) Act in 2014. 🏛️🚨