BASIC STRUCTURE DOCTRINE

The landmark Kesavananda Bharati judgement, 1973 which propounded the basic structure doctrine completed 51 years.

About Kesavananda Bharati Case, 1973

• In this case involved a petition against Kerala Government for violating Fundamental Rights (Articles 25, 26, and 31) by compulsorily acquiring land under Kerala Land Reforms Act of.
• This Case was heard by a Bench of 13 judges the largest formed in Supreme Court.

Key points :-

Basic Structure Doctrine:

• Basic Structure Doctrine upheld 24th amendment, stating that Parliament can amend any part of Constitution (including FRs) without altering its fundamental principles.

judgments of Golaknath case:

• SC ruled that Article 368 covered amending powers and procedure, distinct from Parliament's legislative powers.
• SC upheld 25th and 29th Amendments, except for provisions limiting judicial review, and affirmed the amendability of the Constitution's Preamble. 

Evolution of Basic Structure Doctrine

Indira Gandhi vs. Raj Narain, 1975:

• The court used basic structure doctrine first time to strike down 39th Amendment Act (1975) provision that barred court jurisdiction over election disputes.

Minerva Mills Case (1980):

• Parliament's power to amend constitution must not damage or destroy the basic structure.

Waman Rao Case (1981):

• Basic structure doctrine will not be applicable retrospectively.

Kihoto hollohan vs. Zachillhu, 1992

• 'Free and fair elections' was added to the basic features.

Indira Sawhney vs. Union of India, 1992

• 'Rule of law, was added to the basic features.

S.R Bommai vs Union of India, 1994

• Federal structure, unity and integrity of India, secularism, socialism, social justice and judicial review were reiterated as basic features. 

Importance of Basic Structure Doctrine

• Serves as a check on power of Parliament to amend Constitution.
• Ensures that Constitution remains a living document while preserving fundamental values and principles. its
• Establish foundational principles in Indian constitutional law like rule of law, separation of powers etc.
• Ensures that federal structure of Constitution is not undermined.
• Instrumental in shaping Indian judiciary's approach to constitutional interpretation.

Challenges with regard to Basic Structure Doctrine

• Scope of Basic Structure: Interpretation of what constitutes "basic structure" is often contested which can lead to differing interpretations and confusion.
• Judicial Activism: For instance, in 2019 SC struck down NJAC Act to reform appointment process for judges.
• Conflict with parliamentary sovereignty: For example, removal of special status for J&K under J&K Reorganisation Act, 2019 was challenged in SC on the grounds that it undermines federalism, secularism, and right to self-determination. However, SC upheld constitutionality of the act.

Way ahead

• SC needs to provide a clear definition of basic structure, including fundamental principles and values that cannot be amended.
• Doctrine must be applied consistently in all cases, ensuring that basic features of Constitution are not tampered with by any organ of the state.