UPPSC Mains 2022 Paper 2

Discuss the evolution and impact of the "Basic structure doctrine” of the Indian Constitution.

Verified Answer

The 'Basic Structure Doctrine' is a landmark judicial innovation that has profoundly shaped India's constitutional jurisprudence. It asserts that the Parliament's power to amend the Constitution is not absolute and cannot be used to alter the fundamental features or the 'basic structure' of the Constitution.

Evolution of the Basic Structure Doctrine:

  1. Early Years (Shankari Prasad and Sajjan Singh cases):

    • Shankari Prasad v. Union of India (1951): The Supreme Court held that Parliament's power to amend the Constitution under Article 368 included the power to amend Fundamental Rights. The term 'law' in Article 13 (which states that any law inconsistent with Fundamental Rights is void) was interpreted to mean ordinary legislative law, not a constitutional amendment.
    • Sajjan Singh v. State of Rajasthan (1965): The Supreme Court reiterated its stance from Shankari Prasad, upholding Parliament's power to amend Fundamental Rights.
  2. The Golaknath Case (1967):

    • In Golaknath v. State of Punjab (1967), a larger bench of the Supreme Court reversed its previous decisions. It held that Fundamental Rights are 'transcendental and immutable' and Parliament cannot amend them. The Court stated that Article 368 only lays down the procedure for amendment, not the power to amend, and that a constitutional amendment is a 'law' within the meaning of Article 13.
    • This led to a constitutional deadlock, as Parliament felt its sovereignty was curtailed.
  3. Parliamentary Response (24th, 25th, 26th, and 29th Amendments):

    • To overcome the Golaknath judgment, Parliament enacted the 24th Constitutional Amendment Act, 1971. It explicitly stated that Parliament has the power to amend any part of the Constitution, including Fundamental Rights, and that such an amendment would not be considered 'law' under Article 13.
    • The 25th Amendment curtailed the right to property and gave precedence to certain Directive Principles over Fundamental Rights.
  4. The Kesavananda Bharati Case (1973) - Birth of the Doctrine:

    • The validity of the 24th and 25th Amendments was challenged in Kesavananda Bharati v. State of Kerala (1973). This landmark case involved the largest ever bench of 13 judges.
    • The Supreme Court, by a narrow majority of 7:6, upheld the validity of the 24th Amendment, affirming Parliament's power to amend any part of the Constitution, including Fundamental Rights. However, it simultaneously declared that this amending power is not unlimited. Parliament cannot alter or destroy the 'basic structure' or 'framework' of the Constitution.
    • The Court did not explicitly define what constitutes the 'basic structure' but provided an illustrative list of features, such as the supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal character, judicial review, and freedom and dignity of the individual.
  5. Post-Kesavananda Developments:

    • Indira Gandhi v. Raj Narain (1975): The Supreme Court applied the basic structure doctrine for the first time, striking down Clause (4) of Article 329A (inserted by the 39th Amendment), which placed the election disputes of the Prime Minister and Speaker beyond the purview of judicial review. The Court held that judicial review is a basic feature.
    • Minerva Mills v. Union of India (1980): The Court reaffirmed the basic structure doctrine and further clarified that the 'limited power of Parliament to amend the Constitution' is itself a basic feature. It also struck down parts of the 42nd Amendment that sought to give absolute supremacy to Directive Principles over Fundamental Rights and to remove all limits on Parliament's amending power.
    • Since then, various other features have been added to the list of basic structure elements by subsequent judgments, such as the rule of law, free and fair elections, independence of the judiciary, and parliamentary system.

Impact of the Basic Structure Doctrine:

  1. Checks and Balances: It established a crucial check on Parliament's amending power, preventing it from fundamentally altering the democratic and liberal character of the Constitution. It ensures that the 'spirit' of the Constitution remains intact.
  2. Protection of Fundamental Rights: The doctrine has acted as a bulwark against any attempt to dilute or abolish Fundamental Rights, safeguarding individual liberties and democratic values.
  3. Judicial Supremacy and Activism: It significantly enhanced the role and power of the judiciary as the ultimate interpreter and guardian of the Constitution. It empowered the Supreme Court to review constitutional amendments, leading to a more active judiciary.
  4. Constitutional Stability: By defining the unamendable core of the Constitution, the doctrine has provided stability and continuity to India's constitutional framework, ensuring that the foundational principles endure through changing political majorities.
  5. Balance between Flexibility and Rigidity: It strikes a delicate balance between the need for constitutional flexibility (to adapt to changing times) and rigidity (to preserve its core identity). Parliament can amend, but not destroy.
  6. Reinforcement of Democratic Principles: Features like free and fair elections, republican form of government, and secularism, being part of the basic structure, are protected from legislative majorities, thereby strengthening India's democratic and secular fabric.
  7. Limits on Executive Power: By upholding judicial review and the rule of law as basic features, it indirectly limits the arbitrary exercise of executive power.

In essence, the Basic Structure Doctrine transformed India's constitutional landscape, moving from a position of parliamentary supremacy in amendment to one where the Constitution itself, through its basic features, is supreme. It remains a cornerstone of Indian constitutional law, ensuring that the foundational values and principles enshrined by the framers are preserved for future generations.