What is basic structure of constitution? And Its Role in Protecting Indian Democracy

The Constitution of India is not a fixed manual, it is a dynamic and ever evolving system that acclimatizes itself according to the requirements of the country. The Indian Constitution is often referred to as a living document which gives life to the principles of democracy, justice and liberty to the nation, in both the times of crisis and growth. But how does it have this fine balance between change and continuity? The solution is in one of the fundamental tenets: the basic structure doctrine.

The basic structure doctrine was born out of judicial resourcefulness as such, the basic structure ensures that although the Parliament has wide powers to alter the Constitution, the very core of the Indian democratic system is untouched. The doctrine has served the key role of upholding the fundamental values of the Indian democracy and Constitution which guarded against the overreach of partisanship within the system.

Definition of Basic Structure of Constitution?

The basic structure of constitution is those fundamental principles and characteristics that make up the identity of the Indian Constitution. The following principles are not stated in a particular article and section, they were created over decades as a result of judicial interpretation and constitutional discussions. The basic structure was not actually mentioned in the Constitution itself. However, due to the amendments that jeopardized such factors as the fundamental rights and the rule of law, the Supreme Court realized that boundaries had to be drawn as soon as possible.

The doctrine is that although Parliament can make changes to most of the Constitution, it cannot change or abolish its very heart- the basic structure doctrine is a type of constitutional safety net. This guarantees that even in the face of necessity or popularity, amendments do not violate the pillars that support Indian democracy including separation of powers, judicial review, and paramountness of the Constitution.

Also Read :- Fundamental Duties in the Indian Constitution

Principle and Purpose:

The basic goal of the Supreme Court was straightforward, protecting constitutional identity through a balance of power between the Parliament, executive and judiciary. The doctrine emerged in response to a series of changes that were about to interfere with the democratic checks, and the institutional stability in the guise of reform. In consecutive cases, the judiciary claimed that the Indian democracy and Constitution could not be manipulated to accommodate the short-term political majority.

Kesavananda Bharati Case

A turning point in the way towards the basic structure doctrine came with the Kesavananda Bharati case of 1973. This is the case that marked the first battle between the rights of individuals and the ability of Parliament to fix the Constitution. In Kerala, the chief of a religious sect (Kesavanada Bharati) went to court appealing against land reforms that were a threat to his rights including ownership of property. The State justified its position with the reference to the unlimited powers of Parliament to make changes to the Constitution.

The Supreme Court on April 24, 1973 ruled a historic verdict after long debates in a rare thirteen-judge bench. The Court ruled:

Although parliament can make changes to any section of the constitution as per Article 368, it cannot change or complete the very arrangement.

Famous is the term of justice Hans Raj Khanna when he said that there are some basic aspects of the structure that cannot be erased by any qualified majorities, such as democracy and rule of law. The judges pointed out that the power of amendments is never the power of destruction. In a way the doctrine of basic structure safeguards the Constitution against extreme reforms and makes it immune to the political tides.

The Fundamental Elements of the Basic Structure.

The Changing Direction of the Supreme Court.

Subsequent to Kesavananda Bharati, the Court made it clear that there could never be a list of exhaustive features that are basic. Rather, the doctrine is flexible--its lines are changing with the development of democracy. However, some of the pillars were always identified:

• Superiority of the Constitution: The Constitution is the supreme law on the land. Any amendments that weaken its dominance are not constitutional.
• Republican and Democratic Type: The government is popularly elected, and the will of the people is the most important. This was highlighted in Indira Gandhi v. Raj Narain.
• Secularism: As enforced in S.R. Bommai v. Union of India, the Constitution forbids state involvement in religious matters and it is neutral to all religions, no religion dictates the state actions.
• Federalism: The separation and authority of the center and states create a bedrock and any substantial interference amounts to an attack against the fundamental framework.
• Separation of Powers: Every branch of government, the legislature, the executive, the judiciary has its own domain to ensure it does not amass power and abuse it.
• Judicial Review: The ability of the judicial system to question legislative and executive actions is something that cannot be compromised as it is depicted in the case Minerva Mills v. Union of India and restated in other cases.
• Independent Judiciary: Judicial independence on checks of legislative or executive power are promoted by the cases like SC Advocates-on-Record Association v. Union of India (2015).

The other aspects like the dignity of the individual, unity and integrity of the nation, equality between Fundamental Rights and Directive Principles and the principle of free and fair elections have also been confirmed in different contexts. The list is enlarged through judicial interpretation.

Judicial Review and Landmark Judgments:

The basic structure doctrine is something that gives real teeth to the judicial review process and allows the Supreme Court to scrutinize constitutional amendments and even invalidate them in case the very framework of it is at risk.

Influential Decisions that Have Developed the Doctrine.

Indira Gandhi v. Raj Narain (1975): Struck down attempt to derail free elections on the rule of law and the democratic structure.

Minerva Mills v. Union of India (1980): It is stressed that the power of Parliament to amend is itself a constituent of the basic structure and safeguarded the relationship between rights and directive principles.

Waman Rao v. Union of India (1981): It was held that every amendment after 24 April 1973 would have to pass the basic structure test.

I.R. Coelho v. State of Tamil Nadu (2007): It was held that a law that is listed under Ninth Schedule after the case of Kesavanada Bharati is not beyond the field of judicial review and cannot contravene the doctrine.

These historic cases highlight why the judiciary has been dynamic in its interpretation and extension of the doctrine to new legislative and political boundaries to ensure that it remains pertinent to new issues.

The Reason Why the Basic Structure Doctrine is Important in the Present Day

The doctrine of the basic structure has been essential since India is facing intense political discussion, social transformation, and legislative change. It serves as a check against majoritarianism and protects constitutional values regardless of party in power and size of electoral majority.

Guarding Freedoms and Liberty

Fundamental Rights: The basic constitutional rights are not supposed to be abolished or degraded by parliament under any banner.

Checks and Balances: The doctrine provides some form of protection against over concentration of power.

Institutional Integrity: It helps in developing strong institutions that can withstand political tempest.

The doctrine is commonly used to guarantee that the spirit of Indian democracy and Constitution which underpins the Constitution endures the occasional passing fad of popular opinion whether the controversies are the reading down of constitutional protections or an attempt to restructure federal relations.

Comparison with Other Countries.

The Indian methods of defending the fundamentals of the constitution are remarkable as per the international standards. The eternity clauses of the German Constitution (Article 79(3) of the Basic Law) states that there are some fundamental principles, such as federal structure or human dignity, which cannot be amended, even when it comes to situations of necessity. Equally, the U.S. constitution renders some provisions such as the equal state representation in the senate to be almost in amendmentable terms.

But India is different since it grants its Supreme Court direct interpretive authority to determine what is basic so that checks can be contextualized and time conscious.

Also Read :- Constitutional Dynamics: Fundamental Rights and Duties in India

Conclusion:

The fundamental framework of the Constitution is the constitutional conscience of India, which protects the most treasured values of democracy in the transient political storm. It has a very delicate and strong balance: it allows transformation but not ruin of the basic structure of a nation. The judiciary has restated that the Constitution is above all law, its nature is beyond the reach of the passing legislative ambition, with every challenge.

FAQs

Q1. What is the case of basic structure of the Indian Constitution?

Ans: The Kesavananda Bharati v. State of Kerala (1973) case established the Basic Structure Doctrine, ruling that while Parliament can amend the Constitution, it cannot alter its fundamental framework.

Q2. What is the Basic Structure of the Constitution as per Laxmikant?

Ans: According to Laxmikant, the Basic Structure refers to the essential features of the Constitution—like supremacy of the Constitution, rule of law, separation of powers, judicial review, and secularism—that cannot be destroyed through amendments.