Approach:

Introduction: Trace the evolution of Basic structure doctrine.

Body: Explain what this doctrine implies and also mention some of the features of our Indian constitution that are a part of basic structure doctrine.

Conclusion: Bring out its significance.

Answer:

The basic structure doctrine is a common law legal doctrine which implies that the legislature cannot amend certain features of the Indian constitution. This doctrine was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, 1973 where the doctrine was formally adopted.

Features of the doctrine:

1. Synthesis of Judicial Supremacy v/s Parliamentary Sovereignty - The Supreme Court has opined that all the laws enacted after 24 April 1973 (the date of the Kesavananda verdict) are open to judicial review if violative of basic structure.
2. Article 31- C - The Court also upheld the constitutionality of the first provision of Article 31-C, which implied that amendments seeking to implement the Directive Principles under Article 39 (b) & (c), which do not affect the 'Basic Structure,' shall not be subjected to judicial review.
3. Basis of Judicial review power - The doctrine forms the basis of the power of the Indian judiciary to review and override amendments to the Constitution of India enacted by the Indian parliament.
4. The evolving nature of the Doctrine - The basic features of the Constitution have not been explicitly defined by the Judiciary. It is an ever-evolving list with judicial pronouncements.
5. Scope of doctrine is subjected to judicial interpretation - Only the Judiciary decides the basic features of the Constitution. In Indira Nehru Gandhi v. Raj Narain and also in the Minerva Mills case, it was observed that the claim of any particular feature of the Constitution to be a "basic" feature would be determined by the Court in each case that comes before it.

Some of the features of the Constitution termed "basic" are listed below:

• Supremacy of the Constitution
• Rule of law
• The principle of separation of powers
• The objectives specified in the preamble to the Constitution of India
• Judicial review
• Articles 32 and 226
• Federalism (including financial liberty of states under Articles 282 and 293)
• Secularism
• The sovereign, democratic, republican structure
• Freedom and dignity of the individual
• Unity and integrity of the nation
• The principle of equality, not every feature of equality, but the quintessence of equal justice, etc.

The makers of our Constitution gave Parliament the power to amend the Constitution as per the needs and demands of “We the People”. However, the doctrine of Basic Structure acts as a shield to protect against the misuse of this power by Parliament. It restricts Parliament’s ability to amend the constitution so that it cannot change the basic structure or the basic law of the land.