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Basic Structure Doctrine

The basic structure doctrine is an Indian judicial principle that limits the power of the Indian parliament to amend the constitution. It establishes that certain basic features of the constitution, like fundamental rights, cannot be altered. This doctrine forms the basis for the Supreme Court's ability to review and strike down amendments that conflict with or alter the basic structure of the constitution. The basic structure doctrine was first established in the 1973 Kesavananda Bharati case and has since been widely accepted, despite initially being a narrow ruling. It was further strengthened by the Supreme Court striking down an amendment passed during a state of emergency that aimed to suppress prosecution of the prime minister. The basic structure doctrine only applies to constitutional amendments and not ordinary

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51 views1 page

Basic Structure Doctrine

The basic structure doctrine is an Indian judicial principle that limits the power of the Indian parliament to amend the constitution. It establishes that certain basic features of the constitution, like fundamental rights, cannot be altered. This doctrine forms the basis for the Supreme Court's ability to review and strike down amendments that conflict with or alter the basic structure of the constitution. The basic structure doctrine was first established in the 1973 Kesavananda Bharati case and has since been widely accepted, despite initially being a narrow ruling. It was further strengthened by the Supreme Court striking down an amendment passed during a state of emergency that aimed to suppress prosecution of the prime minister. The basic structure doctrine only applies to constitutional amendments and not ordinary

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rashmibai
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© Attribution Non-Commercial (BY-NC)
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Basic structure doctrine

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament.[1] Key among these "basic features", are the fundamental rights granted to individuals by the constitution.[1][2][3] The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this "basic structure" of the constitution. The basic structure doctrine was first articulated by Chief Justice Sarv Mittra Sikri in the landmark decision of Kesavananda Bharati v. State of Kerala (case citation: AIR 1973 SC 1461).[4] Previously, the Supreme Court had held that the power of parliament to amend the constitution was unfettered.[1] However, in this landmark ruling, the court adjudicated that while parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.[5] Although Kesavananda was decided by a narrow margin of 7-6, the basic structure doctrine has since gained widespread acceptance and legitimacy due to subsequent cases and judgments. Primary among these was the imposition of a state of emergency by Indira Gandhi in 1975, and her subsequent attempt to suppress her prosecution through the 39th Amendment. When the Kesavananda case was decided, the underlying apprehension of the majority bench that elected representatives could not be trusted to act responsibly was perceived as unprecedented. However, the passage of the 39th Amendment by the Indian National Congress' majority in central and state legislatures, proved that in fact such apprehension was well-founded. In Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy.[3] The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must conform to the entirety of the constitution; not just to its "basic structure".

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