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Doctrine of Basic Structure
The Doctrine of Basic Structure in the Indian Significance of the Basic Structure
Constitution, established during the landmark Doctrine
judgement of Kesavananda Bharati v. State The doctrine serves as a safeguard, ensuring
of Kerala in 1973, represents a fundamental that amendments do not dilute the essence of
tenet of Indian constitutional jurisprudence. It the Constitution. It acts as a
posits that the Constitution possesses countermajoritarian measure, protecting the
inherent features that are beyond the rights of minorities and preventing the tyranny
amending power of Parliament. These core of the majority. This is crucial in a country as
principles include the supremacy of the diverse as India, where the majority’s
Constitution, secularism, federalism, and influence in Parliament could potentially lead
democracy, among others, ensuring that the to amendments that might suppress minority
fundamental ethos of the Constitution rights or alter the democratic fabric of the
remains inviolable despite changes in nation.
legislative leadership.
The criticism often levelled against the Basic
Origins in German Constitutional Law Structure is that it grants excessive power to
The Basic Structure Doctrine, while distinctly the judiciary, potentially leading to judicial
Indian in application, traces its philosophical overreach, where judges might impose their
roots back to principles found in German personal interpretations on the Constitution.
constitutional law. However, supporters argue that this power is
necessary to maintain the constitution's
sThe German concept of "substantive legal sanctity against transient political majorities.
norms," which are fundamental principles that
even the legislature cannot override, Role of the Judiciary and Parliamentary
significantly influenced Indian judicial Sovereignty
thinking. This crossover highlights the The Constitution of India is designed to be a
transnational flow of legal ideas and their living document, amenable to amendments
adaptation to suit local legal ecosystems. that reflect the evolving political, social, and
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economic landscape. However, the Basic and complex. As India progresses, this
Structure Doctrine implies that certain balance will need to be continually assessed
aspects of the Constitution are eternal and and recalibrated, ensuring that the
unamendable, creating a tension between constitutional framework grows and adapts
adaptability and permanence. while protecting its core principles against
erosion.
Parliamentary sovereignty is a cornerstone of
democratic governance, yet it is not absolute
under the Indian Constitution due to the
judicial review enabled by the Basic Structure
Doctrine. This judicial review is not an
usurpation of power but rather a balancing
act to ensure that any constitutional
amendment does not erode the democratic
principles and rights enshrined within.
A Living Doctrine
Judicial Review of Amendments The Basic Structure Doctrine's adaptability
The judiciary's power to review amendments over time underscores its role as a living
is not about challenging the sovereignty of doctrine within Indian constitutional law.
Parliament but ensuring that its exercise Initially conceptualised to protect certain
aligns with constitutional values. This review undefinable features of the Constitution, its
is essential in a representative democracy, scope has significantly broadened through
where the elected representatives must various landmark judgments. The Supreme
operate within the bounds of the Constitution. Court of India has progressively interpreted
The Supreme Court's role in this process is the Basic Structure to include not only the
not only as an interpreter of the law but also rule of law and the principles of equality and
as a guardian of the Constitution. justice but also the welfare state and the unity
and integrity of the nation. These additions
The balance between judicial protection of reflect responses to contemporary challenges
constitutional fundamentals and legislative and societal needs, emphasising the
authority to amend the Constitution is delicate doctrine's capacity to evolve.
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