Understanding the Basic Structure Doctrine: A Guide for Judiciary Aspirants

The Basic Structure Doctrine for judiciary preparation is a cornerstone of constitutional law and a must-know for judiciary aspirants. The doctrine plays a pivotal role in shaping the constitutional law jurisprudence of the country. This doctrine, evolving from the landmark Kesavananda Bharati case, defines the unalterable principles of the Indian Constitution. Understanding its evolution, related judgments, and role in constitutional law is vital for mastering this topic and excelling in judiciary exams.

Origins of the Basic Structure Doctrine

The Basic Structure Doctrine evolved as a judicial response to the potential abuse of Article 368, which grants Parliament the power to amend the Constitution. Its roots trace back to the landmark case Kesavananda Bharati v. State of Kerala (1973). The case questioned the extent of Parliament’s authority to amend the Constitution, particularly with respect to fundamental rights. The Supreme Court delivered a historic judgment, asserting that while Parliament has the power to amend the Constitution, it cannot alter its “basic structure.”

The origins of the doctrine are also attributed to the German Constitution, where certain provisions, like federalism and human rights, were explicitly protected from amendments after the horrors of the Nazi regime.

Key Elements of the Basic Structure Doctrine

Though the Supreme Court did not provide a clear list of what constitutes the “basic structure” in Kesavananda Bharati, over time, through various judgments, certain elements have been recognized as part of the basic structure. These include:

• Supremacy of the Constitution
• Sovereignty, Unity, and Integrity of India
• Separation of Powers between the Legislature, Executive, and Judiciary
• Rule of Law
• Judicial Review
• Fundamental Rights (especially Articles 14, 19, and 21)
• Federalism
• Free and Fair Elections

These components reflect the foundational values of democracy and constitutionalism. The doctrine ensures that these principles cannot be amended out of existence.

Key Landmark Cases Involving the Basic Structure Doctrine

Shankari Prasad v. Union of India (1951)

• The Supreme Court of India upheld the constitutionality of the First Amendment Act, 1951, affirming Parliament’s authority under Article 368 to amend any part of the Constitution, including fundamental rights. The Court clarified that the term “law” in Article 13(2) refers to ordinary legislation and does not encompass constitutional amendments.

Golaknath v. State of Punjab (1967):

• Before the Kesavananda case, the Supreme Court in Golaknath ruled that Parliament could not amend fundamental rights, setting the stage for the future development of the Basic Structure Doctrine.

Kesavananda Bharati v. State of Kerala (1973):

• This case is where the doctrine was formally introduced. The Supreme Court ruled by a slim majority that Parliament could amend any part of the Constitution, but the “basic structure” could not be altered.

Indira Gandhi v. Raj Narain (1975):

• The Court used the basic structure doctrine to strike down a constitutional amendment that attempted to exempt the election of the Prime Minister from judicial review, protecting judicial independence as part of the basic structure.

Minerva Mills v. Union of India (1980):

• The Supreme Court reinforced that judicial review and the balance between Fundamental Rights and Directive Principles were part of the basic structure.

I.R. Coelho v. State of Tamil Nadu (2007):

• The Court ruled that even laws placed in the Ninth Schedule (meant to protect laws from judicial review) would be invalid if they violated the basic structure of the Constitution.

The Doctrine in Action

The Basic Structure Doctrine empowers the judiciary to review amendments made by Parliament. It serves as a check against any legislative overreach that may disrupt the core values of the Constitution. This doctrine plays a pivotal role in maintaining the balance between the Parliament’s right to amend the Constitution and the need to preserve its essence.

In several cases, the doctrine has been invoked to strike down amendments that sought to compromise key principles, such as the Independence of Judiciary and Separation of Powers. For instance, the National Judicial Appointments Commission (NJAC) case is a recent example where the Supreme Court struck down an amendment that sought to change the procedure of appointing judges, ruling that it violated the basic structure of judicial independence.

Conclusion

The significance of Kesavananda Bharati case for judiciary aspirants cannot be underscored enough.To excel in judiciary exams, understanding the Basic Structure Doctrine for judiciary preparation is indispensable. By studying its significance, key cases, and relation to fundamental rights, you can gain deep insights into constitutional law. Let this guide serve as a foundation for your success in judiciary preparation.

As future legal professionals or judges, a deep comprehension of this doctrine will empower you to appreciate the delicate balance between the powers of the State and the protection of fundamental constitution.

Related Posts-

1. Principles of Fair Trial in Criminal Law
2. The Role of the Judiciary in Upholding the Human Rights
3. The Role of High Courts in the Indian Judicial System

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