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Basic Structure Doctrine 1

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Keerthana kumarasamy
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7 views

Basic Structure Doctrine 1

Uploaded by

Keerthana kumarasamy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Basic Structure Doctrine

Why in news?

Bangladesh, and others in the Commonwealth have imported Indian judicial intervention
Basic Structure Doctrine which reflects advocacy, idealism and independence.

What is Basic Structure Doctrine?

It is a constitutional principle that limits the power of Parliament to amend the


Constitution and preserves its essential features.

It is a form of judicial review that is used to test the legality of any legislation by the
courts.

It protects democracy from being distorted or destroyed by Parliament, and gives the
courts the authority to decide what constitutes the Basic Structure Doctrine.

Over the years, various facets of the basic structure doctrine have evolved, and are not
openly defined by the judiciary
What is the evolution of Basic Structure Doctrine?

Key judicial cases Major verdict


The Court upheld that under Article 368, the Parliament has
Shankari Prasad Case
the power to amend the Constitution including the
(1951)
Fundamental rights.
Sajjan Singh v. State of The Court reiterated the Parliament’s power to amend any
Rajasthan (1965) part of the Constitution
I.C. Golak Nath v. State of The Supreme Court held that Parliament could not curtail
Punjab (1967) fundamental rights guaranteed under the Constitution.
The Supreme Court held that although Parliament has the
Kesavananda Bharti Case
power to amend any part of the Constitution, it could not use
(1973)
this power to alter or destroy its “basic structure”.
The basic structure theory was applied for the first time and
Indira Gandhi v. Raj
the independent conduct of elections was categorized as
Narain (1975)
basic structure
It pertained to the 42nd Amendment Act introduced by the
Indira Gandhi government.
Minerva Mills case (1980)
In a majority verdict, the top court upheld the power of
judicial review of constitutional amendments.
What is the significance of Basic Structure Doctrine?

Living spirit - The basic structure of the Constitution is its living spirit, holding up the
body of its text.

Soul of the Constitution - It is the soul of the Constitution, inextricably linked to the
values enshrined in the Preamble, without which the document and the ideas that
make it sacred would collapse.

Bedrock of constitutional interpretation - Granville Austin’s Working of a


Democratic Constitution said that the basic structure doctrine is fairly said to have
become the bedrock of constitutional interpretation in India.

Secure the rule of law - The courts have clarified that the basic structure aims to
secure the rule of law essential for preservation of the democratic system.

Role of the judiciary- It holds the judiciary as the final interpreter of our
Constitution.

Ensures checks and balances- It is applied to constitutional amendments to ensure


the amendment does not dilute the fundamentals of the Constitutional itself.
Article 368 in Part XX gives the Parliament the power to amend the Constitution
and its procedure.

Check on majoritarianism- It checks the impulses of the Parliament since it places


substantive limits on the power to amend the Constitution.

Safety valve- Upendra Baxi said that the doctrine is useful to apply the brakes when
the engine of amending power threatened to overrun Constitution.

Reference

Indian Express- BSD the strongest safeguards

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