69th BPSC mains 2023 (General studies II)Q1:- Write short answer of the following question. (a)Critically examine the basic structure theory regarding the Indian constitution.(8 marks)

Q1:- Write short answer of the following question. (a)Critically examine the basic structure theory regarding the Indian constitution.(8 marks)

The basic structure theory is a judicial principle that has significantly shaped the interpretation and application of the Indian Constitution. This doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed through amendments by Parliament. Here’s a critical examination of the basic structure theory, its origins, implications, and criticisms:

Origins and Development

1. Early Judicial Approach:
   • Initially, the Indian judiciary upheld the supremacy of Parliament in amending the Constitution. The Supreme Court, in cases like Shankari Prasad (1951) and Sajjan Singh (1965), ruled that Parliament had unfettered power to amend any part of the Constitution, including fundamental rights.
2. Golak Nath Case (1967):
   • A shift occurred with the Golak Nath v. State of Punjab case, where the Supreme Court ruled that Parliament could not amend fundamental rights. This decision was later overruled, but it set the stage for the development of the basic structure doctrine.
3. Kesavananda Bharati Case (1973):
   • The basic structure doctrine was explicitly formulated in the landmark Kesavananda Bharati v. State of Kerala case. The Supreme Court ruled that while Parliament had wide powers to amend the Constitution under Article 368, it could not alter the basic structure or essential features of the Constitution.

Components of the Basic Structure

The Supreme Court has not provided an exhaustive list of what constitutes the basic structure. However, through various judgments, certain elements have been identified as part of the basic structure, including:

• Supremacy of the Constitution
• Republican and Democratic form of Government
• Secularism
• Separation of Powers
• Federalism
• Judicial Review
• Rule of Law
• Fundamental Rights and Directive Principles of State Policy

Implications

1. Limitation on Parliamentary Sovereignty:
   • The basic structure doctrine imposes significant limitations on Parliament’s power to amend the Constitution, ensuring that the core principles and values of the Constitution are preserved.
2. Judicial Activism:
   • The doctrine has enhanced the role of the judiciary in protecting the Constitution’s integrity. The courts have the power to review constitutional amendments and strike down those that violate the basic structure.
3. Political Stability and Continuity:
   • By protecting fundamental features, the doctrine ensures political stability and continuity of constitutional principles, preventing arbitrary or capricious changes by transient parliamentary majorities.

Criticisms

1. Judicial Overreach:
   • Critics argue that the basic structure doctrine represents judicial overreach, where unelected judges wield excessive power over the elected Parliament. This, they contend, undermines the democratic principle of parliamentary sovereignty.
2. Lack of Clarity:
   • The doctrine’s lack of a clear, exhaustive definition of the basic structure leads to uncertainty and inconsistency. The judiciary’s discretion in determining what constitutes the basic structure can result in subjective interpretations.
3. Conflict with Amendment Power:
   • The doctrine is seen by some as conflicting with the explicit provisions of Article 368, which grants Parliament the power to amend the Constitution. Critics argue that this judicially created limitation lacks a clear constitutional basis.
4. Potential for Judicial Tyranny:
   • There is a concern that the judiciary might use the basic structure doctrine to impose its own views on constitutional issues, leading to a form of judicial tyranny where judges can veto amendments that reflect the popular will.

Key Cases Post-Kesavananda Bharati

1. Indira Gandhi v. Raj Narain (1975):
   • The Supreme Court applied the basic structure doctrine to strike down the 39th Amendment, which sought to immunize the election of the Prime Minister from judicial review.
2. Minerva Mills v. Union of India (1980):
   • The Court further reinforced the doctrine, ruling that amendments that damage or destroy the balance between fundamental rights and directive principles violate the basic structure.
3. S. R. Bommai v. Union of India (1994):
   • The Supreme Court reiterated that secularism is part of the basic structure of the Constitution, ensuring that any attempt to alter this principle would be unconstitutional.

Conclusion

The basic structure theory is a cornerstone of constitutional jurisprudence in India, serving as a safeguard against arbitrary amendments and ensuring the preservation of the Constitution’s core principles. While it has strengthened judicial oversight and protected fundamental constitutional values, it has also sparked debates over judicial activism, clarity, and the balance of power between the judiciary and Parliament. Despite its criticisms, the basic structure doctrine remains a critical tool in maintaining the integrity and continuity of the Indian Constitution.