- (c) 'Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution'.
This statement encapsulates the essence of the 'Basic Structure Doctrine,' a landmark judicial innovation by the Indian Supreme Court that fundamentally limits the Parliament's power to amend the Constitution. This doctrine was established in the historic judgment of Kesavananda Bharati v. State of Kerala in 1973.
Context and Evolution:
Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. Prior to 1973, there was a contentious debate about whether this power was absolute or subject to limitations. Parliament, particularly during the Indira Gandhi era, sought to assert its supremacy by amending various parts of the Constitution, including fundamental rights, leading to several legal challenges.
The Kesavananda Bharati Case (1973):
In this pivotal case, a 13-judge bench of the Supreme Court, by a narrow 7-6 majority, ruled that while Parliament has the power to amend any part of the Constitution, it cannot alter, abrogate, or destroy its 'basic structure' or 'essential features.'
Key Aspects of the Doctrine:
- Limited Amending Power: The Court held that the power to amend under Article 368 is not an unlimited power to rewrite the entire Constitution. It is a power to amend, not to destroy or abrogate the fundamental identity of the Constitution.
- No Fixed Definition: The Court deliberately did not provide an exhaustive list of what constitutes the 'basic structure.' Instead, it offered illustrative examples, which have been expanded upon in subsequent judgments. These include:
- Supremacy of the Constitution
- Republican and Democratic form of government
- Secular character of the Constitution
- Separation of powers between the legislature, executive, and judiciary
- Federal character of the Constitution
- Judicial review
- Freedom and dignity of the individual
- Unity and integrity of the nation
- Parliamentary system
- Rule of law
- Harmony and balance between Fundamental Rights and Directive Principles
- Purpose: The doctrine was conceived to protect the fundamental identity, spirit, and core values of the Constitution from majoritarian legislative whims and to ensure its continuity and stability.
Significance and Impact:
- Judicial Supremacy: It firmly established the judiciary as the final interpreter and guardian of the Constitution, capable of reviewing constitutional amendments.
- Checks and Balances: It imposed a crucial check on Parliament's amending power, preventing it from transforming the Constitution into something entirely different from its original intent.
- Protection of Rights: It safeguarded fundamental rights and other essential features from arbitrary amendment, ensuring that the democratic and secular fabric of India remains intact.
- Constitutional Stability: The doctrine has provided stability to the Indian constitutional framework, preventing radical and potentially destructive changes.
The Basic Structure Doctrine has been reaffirmed in numerous subsequent cases (e.g., Minerva Mills v. Union of India, 1980) and remains a cornerstone of Indian constitutional law, ensuring that the foundational principles of the republic are preserved even as the Constitution adapts to changing times.