The Basic Structure Doctrine is a constitutional doctrine in India that holds that certain features of the Constitution are fundamental and cannot be amended. The doctrine was first articulated by the Supreme Court of India in the Kesavananda Bharati case in 1973.
The Basic Structure Doctrine is based on the idea that the Constitution is a supreme law and that any amendment that violates its basic structure is invalid. The doctrine has been used to strike down a number of amendments to the Constitution, including those that would have abolished the federal system, introduced a presidential form of government, and made fundamental rights subject to parliamentary law.
The Basic Structure Doctrine has been controversial since its inception. Some critics argue that it is undemocratic, as it allows unelected judges to strike down laws that have been passed by elected representatives. Others argue that it is too vague and that it gives judges too much power.
Despite the controversy, the Basic Structure Doctrine has played an important role in protecting the fundamental rights of Indian citizens. It has also helped to ensure that the Constitution remains a living document that can adapt to changing times.
What is the Basic Structure Doctrine?
The Basic Structure Doctrine is a constitutional doctrine in India that holds that certain features of the Constitution are fundamental and cannot be amended. The doctrine was first articulated by the Supreme Court of India in the Kesavananda Bharati case in 1973.
The Basic Structure Doctrine is based on the idea that the Constitution is a supreme law and that any amendment that violates its basic structure is invalid. The doctrine has been used to strike down a number of amendments to the Constitution, including those that would have abolished the federal system, introduced a presidential form of government, and made fundamental rights subject to parliamentary law.
What are the features of the Basic Structure?
The Supreme Court has not explicitly defined the basic structure of the Constitution. However, it has identified a number of features that it has held to be fundamental, including:
- The sovereignty of India
- The unity and integrity of India
- The republican and democratic form of government
- The secular character of the state
- The rule of law
- The independence of the judiciary
- The fundamental rights
How has the Basic Structure Doctrine been used?
The Basic Structure Doctrine has been used to strike down a number of amendments to the Constitution. In the Kesavananda Bharati case, the Supreme Court struck down an amendment that would have allowed the President to declare an emergency without the approval of Parliament. In the Minerva Mills case, the Supreme Court struck down an amendment that would have made fundamental rights subject to parliamentary law. In the Indira Gandhi case, the Supreme Court struck down an amendment that would have allowed the Prime Minister to remain in office after losing a vote of confidence in Parliament.
What are the criticisms of the Basic Structure Doctrine?
Some critics argue that the Basic Structure Doctrine is undemocratic, as it allows unelected judges to strike down laws that have been passed by elected representatives. Others argue that it is too vague and that it gives judges too much power.
What are the arguments in favor of the Basic Structure Doctrine?
Proponents of the Basic Structure Doctrine argue that it is necessary to protect the fundamental rights of Indian citizens and to ensure that the Constitution remains a living document that can adapt to changing times. They also argue that the doctrine is not undemocratic, as it is ultimately up to the Supreme Court to decide what the basic structure of the Constitution is.
Conclusion
The Basic Structure Doctrine is a controversial but important constitutional doctrine in India. It has played a vital role in protecting the fundamental rights of Indian citizens and in ensuring that the Constitution remains a living document that can adapt to changing times.