The Doctrine of Basic Structure of the Constitution has enhanced the power of judicial review of the Supreme Court. Examine.
The Doctrine of Basic Structure, a landmark judicial innovation, has indeed significantly enhanced the power of judicial review of the Supreme Court in India. This doctrine emerged from the Kesavananda Bharati v. State of Kerala case in 1973, where the Supreme Court ruled that while Parliament has the power to amend the Constitution, it cannot alter its 'basic structure' or fundamental features.
Understanding Judicial Review: Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If they are found to be violative of the Constitution, they can be declared illegal, unconstitutional, and invalid by the Supreme Court and the High Courts. This power is crucial for upholding the supremacy of the Constitution, maintaining the balance of power, and protecting fundamental rights.
How Basic Structure Enhances Judicial Review:
- Defining Limits on Amending Power: Prior to the Basic Structure doctrine, there was ambiguity regarding the extent of Parliament's power to amend the Constitution. The doctrine clarified that this power is not absolute. By establishing an unamendable core, it provided a concrete yardstick against which constitutional amendments could be tested. This empowered the Supreme Court to scrutinize amendments not just for procedural correctness but also for their substantive impact on the Constitution's foundational principles.
- Protection Against Legislative Overreach: The doctrine acts as a robust safeguard against potential legislative attempts to undermine the democratic, secular, federal, and fundamental rights-oriented character of the Constitution. It ensures that the essential identity and spirit of the Constitution, as envisioned by its framers, remain intact, even if a ruling majority attempts to change them through constitutional amendments.
- Strengthening the Judiciary's Role as Guardian: By entrusting the Supreme Court with the authority to identify and protect the basic features, the doctrine elevated the judiciary's role as the ultimate interpreter and guardian of the Constitution. It provided the Court with a powerful tool to check the legislative and executive branches, ensuring that no organ of the state can unilaterally alter the fundamental framework of governance.
- Examples of Basic Features: While the Supreme Court has not exhaustively defined 'basic structure,' it has identified several elements over time, including the supremacy of the Constitution, republican and democratic form of government, secular character, federal character, separation of powers, independence of the judiciary, judicial review itself, fundamental rights (in certain contexts), and the welfare state. Any amendment infringing upon these features can be struck down by the Court.
In essence, the Doctrine of Basic Structure transformed judicial review from merely ensuring adherence to constitutional provisions to safeguarding the very essence and identity of the Constitution. It provided the Supreme Court with an unparalleled power to protect the foundational values of Indian democracy, thereby significantly enhancing its authority and role in the constitutional scheme.