BASIC STRUCTURE DOCTRINE OF INDIAN CONSTITUTION

A branch of legal thought known as the basic structure doctrine alters the broad framework and elements of a sovereign constitution that its legislature cannot override.

The Indian Constitution confers legislative authority to the State Legislatures and the Parliament in their respective territories. The state legislatures lack the authority to alter the Constitution; only the Parliament may do so. However, the Parliament’s power is not absolute. A statute may be deemed invalid if the Supreme Court rules that it is unconstitutional. The basic structure doctrine declares unlawful any attempt to modify the essential structure of the Indian Constitution.

Basic structure of constitution of India: Definition

• In short, the basic structure concept maintains that certain provisions of the Indian Constitution are fundamental, inherently valuable, and cannot be altered or removed.
  
• These sections clarify the core concepts of Indian constitutionalism, which is why they are dubbed the basic framework.
  
• Basic structure of constitution of India also serves as the foundation and a reflection of the ideals of the founding fathers.

Doctrine of basic structure of constitution of India: What is it?

• “Basic Structure” is not mentioned at all in the Indian Constitution. The idea that the Parliament cannot introduce laws that would change the core principles of the constitution developed throughout time and in multiple cases.
  
• The objective is to preserve Indian democracy’s features while defending peoples’ rights and liberties. The Indian Constitution’s basic structure doctrine contributes to preserving the spirit of the document.
  
• The Kesavananda Bharati case served as the impetus for this theory’s widespread recognition. Because of this ruling, the fundamental framework of the Indian Constitution could not be changed, not even through a constitutional amendment.

Doctrine of basic structure of constitution of India: Its Significance

• The founding fathers’ intended fundamental ideals and constitutional precepts are upheld by the theory of basic structure.
  
• The theory of basic structure has helped to maintain the supremacy of the Constitution by preventing a temporary majority in Parliament from overturning it.
  
• The theory of basic structure improves our democracy by defining a correct division of powers where the judiciary is independent of both branches.
  
• Because of its dynamic nature, the Constitution is a document that is more dynamic and subject to change over time. It also protects citizens’ fundamental rights from the arbitrary actions and despotism of the legislature.

Basic structure doctrine case laws

The Supreme Court has often revised and modified its stance on the legislature’s power to amend the constitution since attaining independence.

The argument for and against property rights and the 1951 First Amendment Act is what gave rise to the Basic Structure concept.

The basic structure doctrine case laws are as follows:

• In Sajjan Singh v State of Rajasthan, the Supreme Court held that the Parliament may amend any provision of the Constitution, including the Fundamental Rights, in this specific situation as well.
  
• In Shankari Prasad v UOI, the Supreme Court held that the Parliament may amend any provision of the Constitution, especially fundamental rights, in compliance with Article 368.
  
• The Supreme Court overturned the Shankari Prasad decision in the Golak Nath v State of Punjab case, concluding that Article 368 merely lays out the procedure for modifying the constitution and does not provide the Parliament full power to alter any part of it.
  
• In Kesavananda Bharati v State of Kerala, the Supreme Court decided that while the Indian Constitution’s fundamental framework could not be altered, the Parliament could amend any part of it, including the Fundamental Rights.
  
• The Supreme Court ruled in Minerva Mills v UOI that the 42nd CAA’s provisions were unconstitutional and that the Parliament was unable to remove “judicial review” since it is an essential component of the “Basic Structure.”
  
• The court held in Waman Rao v UOI that no law added to the Ninth Schedule before the Kesavananda verdict may be challenged on the grounds that it infringed upon basic rights. However, following the decision, a court of law may hear arguments about the legislation.
  
• The basic structure doctrine case of Indra Sawhney & Ors v UOI involved an expansion of the list of fundamental elements of the constitution to include the “Rule of Law.”
  
• The Supreme Court declared that federalism, secularism, and democracy comprise the fundamental framework of the Constitution in the S.R. Bommai v UOI case.

The basic structure doctrine is a judicial notion that pertains to the Indian constitution. It ensures that the essential components of the Indian Constitution are protected and that the parliament is unable to alter them. It took a great deal of requests to get this idea recognized. Among the most significant petitions is the Kesavananda Bharati case. The core structural idea of our constitution was established by the Supreme Court’s ruling in this case, but it has subsequently undergone modification.

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