While throwing light upon its primary objectives, analyze the significance of the Basic Structure Doctrine in preserving the core principles of the Indian Constitution.
The Basic Structure Doctrine, a concept evolved by the Indian judiciary, holds profound significance in preserving the fundamental principles enshrined in the Indian Constitution. This doctrine, first articulated in the landmark case of Kesavananda Bharati v. State of Kerala (1973), asserts that certain basic features of the Constitution are inviolable and cannot be altered or destroyed through constitutional amendments by Parliament.
The doctrine’s primary objectives are:
- Safeguarding the Constitution’s core values, such as the supremacy of the Constitution, the republican and democratic form of government, the secular character of the Constitution, the separation of powers between the executive, legislature, and judiciary, and the federal character of the Constitution.
- Ensuring that the Constitution’s spirit and its foundational principles remain intact, even in the face of legislative changes.
- Acting as a check on the power of Parliament to amend the Constitution, preventing the misuse of the amendment process to subvert the Constitution’s fundamental character.
- Guaranteeing that the Constitution’s basic structure, which represents the will of the people, is not eroded by transient political majorities.
The Basic Structure Doctrine has played a crucial role in upholding the rule of law and protecting citizens’ fundamental rights. It has been invoked by the judiciary to strike down constitutional amendments that were deemed to violate the basic structure, such as the 39th Amendment Act, 1975, which attempted to curtail the power of judicial review. The doctrine serves as a bulwark against the erosion of the Indian Constitution’s core principles, ensuring that the Constitution remains a vibrant, living document that can adapt to changing times while preserving its essential character.