Mains Daily Question
Jan. 8, 2024
Q.1 The 'basic structure" doctrine played a significant role in preventing the State from bypassing the underlying fundamental principles embedded in the Constitution of India. Analyse. (10M/150W)
|
Approach to the Answer: Understanding and structuring the answer: The question covers only one major aspect- How “basic structure" doctrine has played a significant role in safeguarding fundamental principles in the Indian constitution. Introduction: Type 1: Start by defining the "basic structure" doctrine and its significance in Indian constitution or Type 2: Can explain the meaning of “basic structure” doctrine and talk about its origin Body: Heading 1: Explain how “basic structure" doctrine prevented the State from bypassing the underlying fundamental principles embedded in the Constitution with examples. Conclusion: Type 1: Conclude with your overall assessment of the doctrine's effectiveness in safeguarding the fundamental principles of the Indian Constitution. Type 2: Briefly mention limitations of the doctrine of basic structure and consider potential areas for reform. |
Answer:
The "basic structure" doctrine is an Indian judicial innovation which states that the Constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the Constitution as follows:
- Preserving the spirit of the Constitution: The basic structure doctrine has ensured over the years that the Constitution cannot be tampered with arbitrarily by the legislature or the executive.
- For example, in Kesavananda Bharati v. State of Kerala (1973), the SC ruled that Article 368 of the Constitution did not provide the Parliament the authority to change the basic structure of the Constitution.
- Ensuring Federalism: It has helped in preserving the federal structure and preventing the Centre from encroaching upon the powers and autonomy of the states.
- For example, a majority of judges in the Kesavananda Bharati case in 1973 included federalism as part of the basic structure of the Constitution; in the SR Bommai case in 1994 and in a number of cases since then, the court has held that federalism is part of the basic structure of our Constitution.
- Preserving Judicial Independence: The basic structure doctrine has helped preserve judicial independence in India by empowering the judiciary to strike down unconstitutional laws.
- For example, the NJAC Act, 2014 which aimed to replace the Collegium system for appointing judges was struck down by the SC in 2015.
- Upholding rule of law: It is the law that is above any individual in the country. The basic structure doctrine has helped uphold this principle.
- For instance, the rule of law was held to be part of the basic structure doctrine by the Indira Gandhi vs. Raj Narain.
- Upholding Secularism: The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
- For example, in the case of S.R. Bommai v. Union of India (1994), the SC held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the Constitution remains the ultimate authority in the country, and that the principles of federalism, secularism, democracy, and fundamental rights are upheld.
