The Basic Structure Doctrine: Safeguarding Constitutional Integrity

As per the provisions of the Indian Constitution, both the Parliament and State Legislatures possess the authority to enact laws within their respective domains. The exclusive preference to amend the Constitution lies with the Parliament, and it is not extended to the state legislative assemblies. Nevertheless, the Parliament’s authority in this regard is not without limits. The Supreme Court holds the jurisdiction to nullify any law deemed unconstitutional. The Basic Structure Doctrine of the Indian Constitution further stipulates that any amendment seeking to alter its fundamental framework is deemed invalid.

What is the Basic Structure Doctrine? 

The Basic Structure Doctrine was propounded by the Indian Judiciary in the Keshavananda Bharti case verdict on the 24th of April, 1973. It is a judicial principle that states that the constituent power of parliament is subject to inherent limitations. Additionally, the Parliament could not use its amending powers under Article 368 to ‘emasculate’,‘damage,‘abrogate’, ‘destroy’, ‘change’ or ‘alter’ the ‘basic structure’ or framework of our Constitution. Even though the word “Basic Structure” is not found in the Constitution of India, it is surely a Judicial Innovation. Moreover, the court has not explicitly defined what the Basic Structure consists as well as comprises of. What we know is that it is a living and dynamic concept. 

To this date, the Supreme Court judgments across numerous cases have cited the following as the Basic Structure:

• Rule of Law
• Judicial Review
• Federalism [S.R. Bommai]
• Secularism
• Fundamental Rights 
• Article 32
• A balance between FR and DPSP [Minerva Mills Case] 

Also Read: Sources of the Indian Constitution

How has the Basic Structure Doctrine Evolved?

The Basic Structure Doctrine has evolved through the following cases throughout the years:

Basic Structure Case	Year	Basic Description of the Case
Shankari Prasad Case	1951	The First Amendment Act of 1951, which curtailed the Right to Property was challenged.
Sajjan Singh Case	1965	The Parliament amending Any part of the Consitution was challenged.
Golak Nath Case	1967	The Seventeenth Amendment Act of 1964, which recommended to insertion of certain State Acts in the Ninth Schedule, was later challenged.
Keshavananda Bharati Case	1973	The Parliament under Article 368 has the power to change Fundamental Rights, which was challenged.
Indira Gandhi VS Raj Narain Case	1975	The 39th Amendment Act was passed by the Government of India during the Emergency.
Minerva Mills Case	1980	The two changes in the 42nd Amendment Act of 1976 were struck off.
Waman Rao Case	1981	Validity of Article 31A and Article 31B.
Indra Sawhney Case	1992	Examination of Article 16(4).
S.R. Bommai Case	1994	The misuse of Article 356 which involves the use of the President’s Rule in States.

Also Read: Important Articles of the Indian Constitution

What is the Importance of the Basic Structure Doctrine?

The Importance of The Basic Structure Doctrine is as follows:

1. Upholds Democracy: The values and ideas of our founding fathers are preserved in both spirit and letter. 
2. Upholds Constitutionalism: Since it is dynamic, it prevents the threat of regression.
3. Upholds the Role of the Judiciary: It holds the Judiciary as the Final Interpreter of our Constitution.
4. Ensures Checks and Balances: It does so by limiting the power of the Parliament.
5. Safety Valve Against Authoritarianism and Majoritarianism: Upendra Baxi noted that the Basic Structure Doctrine was useful to apply the brakes when the engine of Amending power threatened to overrun our Constitution.  

Fascinating Fact! Bangladesh too adopted the Basic Structure Doctrine in the year 1989, by expressively relying on the reasoning in the Keshavananda Bharati Case in its ruling on Anwar Hossain Chowdhary VS Bangladesh. 

What is the Criticism faced by the Basic Structure Doctrine?

However, the Basic Structure Doctrine does face some Criticism due to the following reasons:

• Not a Part of Our Constitution: The Founding Fathers did not make such a provision. 
• No Separation of Power: The Judiciary is interfering with the field of Legislation.
• Tyranny of the Unelected: The Judiciary has given itself unprecedented power.
• Ultimate Legal Sovereignty Resides in the People: Thus, if Amendments helped our Constitution survive, they must include changes in the allegedly essential part of the Constitution.
• Lack of Clarity in Judgement:
  • Upendra Baxi noted that even a limited analysis of what the Court decided is as delicate and difficult as that directed to the unravelling of the significance of the smile of the Mona Lisa. 
  • Granville Austin notes that there are numerous discrepancies between the points contained in the summary signed by the judges and the opinions expressed by them in their separate judgements. 

Also Read: Important Amendments of the Indian Constitution

However, the Basic Structure Doctrine has helped the Constitution of India save its Democracy. The proof is in the success that the Judiciary has been using it increasingly.  

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