What is the Basic Structure of the Indian Constitution?
The basic structure of the Indian constitution is a legal doctrine that is based upon certain characteristics. The basic structure of doctrine, also known as ‘Judicial Innovation’ is developed by the Supreme Court. It is a judicial principle that ponders upon the underlying features. The basic structure of the constitution is only for certain amendments, which assert that the Parliament of India cannot alter the basic features of the Indian Constitution. It includes Supremacy of Constitution, Republican and Democratic form of Government, the Secular character of the Constitution, the Separation of power and the Federal laws of the Indian Constitution.
All About Basic Structure Doctrine of Indian Constitution
The basic structure doctrine of the Indian Constitution was proposed by the Indian Judiciary on 24th April 1973. The basic doctrine was produced through the case of Kesavananda Bharati to set a limitation on the amending powers of the Indian Government. The Indian constitution is empowered by the Parliament and the State Legislature. Bills introduced in the parliament can only amend the constitution. But the basic structure cannot be amended to exercise a constituent power under the Indian constitution. Basic structure constitutes Rule of Law, Sovereignty, Judicial review, separation of power, secularism, republican nature of India etc. The Supreme court holds the ultimate power. If it finds any law made by the parliament contrary to the constitution, it can declare it invalid. To preserve the originality of the basic structure of the Indian constitution, the supreme court has established the basic structure doctrine of the Indian constitution. According to the doctrine of the constitution, the parliament cannot alter the ideals of the constitution.
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Importance of Basic Structure Doctrine
It is a basic declaration of the rules and norms of the constitution of India. It saved Indian democracy as it regulated the constituent power and limited the unlimited power. The vigorous exercise of power would have turned the parliament of India into a totalitarian regime over the citizens of India. The basic structure doctrine of the constitution helps to preserve the fundamental outlook of the constitution. The structure doctrine also strengthens democracy by characterising the separation of power where the judiciary is independent. We can clearly assume that the doctrine saved Indian democracy from an authoritarian system. It is important as it has restrained the powers of the legislative system and provided basic rights to citizens where the state cannot overrule. The structure doctrine is powerful and also made the supreme court of India strong. It is accepted to be dynamic in nature as it is progressing and accepting changes, unlike rigid nature.
Adaptation of Basic Structure Doctrine
The Indian constitution has its own structure and forms. Basic Structure doctrine cases are not a part of it. It has developed with the exposure and interference of the Judiciary for most of the time to protect people's basic rights and philosophy of the constitution.
The formation of basic structure clearly depends upon the Shakari Prasad case conflict with the Union of India. As this case challenged the First Constitutional Amendment Act 1951, it pointed out the violations of constitutional parts. The Supreme Court had ordered under Article 368 to amend any part of the constitution if it's invalid. Therefore, the basic structure doctrine arose gradually. Soon, in 1967, in the Golak Nath vs State of Punjab case, the supreme court had held that the Parliament of India has no power to amend any part of the constitution. The Supreme Court had ordered that Article 368 will only lay down the procedure to amend the constitution and has no powers to the parliament to alter the parts of the constitution.
The act of the 24th Constitution Amendment Act was passed in 1971, denoting the absolute power to the Parliament of India to alter any part of the constitution along with the fundamental rights. According to the act, the president of India was bound to give his assent to the bills sent to him regarding the Constitutional Amendment. In 1973, with the case of Keshavananda Bharati and the State of Kerala, the Supreme court remarked on the validity of the 24th Constitutional Act by analysing the Golaknath case. The Supreme Court of India has declared that the Parliament has the power to amend any provisional aspect. This is to be done to maintain the basic structure doctrine of the constitution. It has been proclaimed that the basic structure of the constitution shall not be violated under any circumstances of the constitutional amendment.
About Shankari Prasad Case
The case of Shankari Prasad vs Union of India is a significant one that contributes to The Doctrine of Basic Structure. The conflict between Shankari Prasad and the union of India develops the basic structure of doctrine between the judiciary and the legislature’s supremacy. As we know, the six fundamental rights are under articles 12 to 35; the issue of the fundamental rights can be amended under Article 368 brought up this doctrine before the supreme court of India. It challenged the First Amendment of the Constitution, which diminished the right to property. The argument arose between Shankari Prasad and the union of India as Article 31 ‘Right to Property’ prohibited the enactment of the law. The supreme court then restricted the laws of Article 31.
Important Supreme Court Decisions on Basic Structure Doctrine Cases
It states that it is mandatory to have a basic outline of the constitution, and the Parliament cannot alter the basic structure. Following is the table that ponders upon the decisions of the supreme court and the cases that re-established the basic structure.
Conclusion
The basic structure of doctrine is flexible and creates an equal balance. In today’s structure, there is no such dispute regarding the existence of the doctrine. The contents of the doctrine are reaffirmed from time to time by the courts.
FAQs on Basic Structure Doctrine of the Constitution
1. What are the most important basic structure doctrines of the Indian Constitution?
The basic structure doctrine is an idea that the Parliament of India has no power to introduce laws that can amend the basic structure of the constitution. Ideally, there has been no mention of ‘Basic Structure’ in the constitution, but it has evolved through the basic doctrine cases. The doctrine is highly dynamic and preserves the basic constitutional outlook. The most important structure doctrines are Supremacy of the Constitution, Unity and Integrity of India, Democratic and Republican form of government, Federal and Secular character of the Indian constitution, Separation of power and Individual freedom.
Since the doctrine is dynamic, it has included other features to the list over time. They are Rule of Law, Judicial review system, parliamentary laws, Rule of Equality, Balance between fundamental rights and directive principles, Free and fair elections and even limited power of the parliament to amend the constitution. The Supreme court has gained power under Articles 32, 136, 142 and 147. The High Court has obtained the power under articles 226 and 227. Any law that violates this basic structure can be abolished by the supreme court of India with a charge of breaking the norms of the basic structure doctrine of the constitution.
2. What are the Laws involved and how are the laws applied?
After India’s independence, several land reforms were enacted in various states of India. The reform was known as the Zamindari Abolition Act. The zamindars were deprived of basic landholdings and filed a petition against the High Court as it was violating their fundamental rights. With this, the government launched a remedy through the Constitution Amendment Act. Later, laws were involved and were passed by the government. The laws that involved and came into being are: Article 13(2), Article 31A and 31B, Article 368, Article 132 and Article 226 of the Indian Constitution. The laws were applied as Article 13(2) states that no law can curtail the fundamental right, and Article 368 provides amending power to the constitution.
