Editorial

Source: Indian Express

Introduction

The year 2023 marks the 50^th anniversary of the landmark judgment given in the case of Kesavananda Bharti v. State of Kerala (1973). This case recognized the basic structure doctrine of the Constitution of India, 1950 which cannot be violated in any case. The Basic Structure Doctrine is a judicial innovation that emerged to protect the core principles of the Constitution from arbitrary amendments. This doctrine, developed by the Indian judiciary, establishes certain principles as immutable, forming the bedrock of the constitution.

How did the evolution of the Basic Structure Doctrine Occur?

• Kesavananda Bharati v. State of Kerala (1973):
  • The genesis of the Basic Structure Doctrine can be traced back to the landmark case of Kesavananda Bharati in 1973.
  • The Supreme Court, in a razor-thin majority of 7:6, held that there are inherent limitations on the amending power of the Parliament.
  • Chief Justice S M Sikri, delivering the judgment, propounded the idea that although the Parliament has the authority to amend the Constitution, it cannot alter its basic structure.
• Doctrine's Affirmation in Subsequent Cases
  • The Basic Structure Doctrine has been affirmed and clarified in several subsequent cases, solidifying its status as a constitutional principle.
  • Notable among these are the Indira Gandhi v. Raj Narain (1975), Minerva Mills v. Union of India (1980) and Waman Rao v. Union of India (1980).

What are the Components of the Basic Structure?

The Basic Structure Doctrine identifies certain features as the foundational pillars of the Indian Constitution, beyond the reach of amendment. These components are crucial for maintaining the essence of democracy, justice, and equality.

• Supremacy of the Constitution:
  • The supremacy of the Constitution is a cardinal principle of the Basic Structure Doctrine.
  • Any amendment that seeks to dilute or undermine this supremacy is considered violative of the basic structure.
  • In the Kesavananda Bharati case, it was emphasized that the Constitution is the supreme law of the land, and no amendment can alter its fundamental structure.
• Republican and Democratic Form of Government:
  • The Basic Structure includes the republican and democratic form of government, ensuring that the people's will is reflected in the functioning of the state.
  • This concept was discussed in the case of Indira Gandhi v. Raj Narain (1975).
• Secularism:
  • Secularism is an integral part of the Basic Structure, ensuring the state's impartiality in matters of religion.
  • The judiciary has consistently held that any amendment seeking to establish a theocratic state or erode the secular fabric would be unconstitutional.
  • The court observed this concept in the case of S R Bommai v. Union of India (1994).
• Federal Structure:
  • The federal structure of the Constitution, balancing power between the center and states, is considered a basic feature.
  • Any attempt to disrupt this balance would be seen as an assault on the basic structure.
• Separation of Powers:
  • The Basic Structure includes the separation of powers among the legislative, executive, and judicial branches.
  • Amendments that infringe this delicate balance and concentrate power excessively in one branch are vulnerable to judicial scrutiny.
• Judicial Review:
  • Judicial review is an inherent part of the Indian Constitution, allowing the judiciary to review the actions of the executive and legislative branches.
• Independent Judiciary:
  • An independent judiciary serves as a check on the powers of the executive and legislative branches of government.
  • It ensures that these branches do not exceed their constitutional authority and act in accordance with the rule of law.
  • The judiciary is often seen as the guardian of the constitution. Its role includes interpreting the constitution, resolving constitutional disputes, and ensuring that government actions comply with constitutional principles.
  • In the matter of SC Advocates-on-Record Association v. Union of India (2015), the SC nullified the constitutionality of the National Judicial Appointment Commission Act, 2014 (NJAC) to uphold the independence of judiciary in appointments of judges of SC and High Courts.

Conclusion

The Basic Structure Doctrine stands as a testament to the resilience and adaptability of the Indian Constitution. It safeguards the core principles that form the foundation of the nation. While the doctrine has faced challenges and criticisms, its role in upholding the ideals of democracy, justice, and equality cannot be overstated.