Evolution of Basic Structure Doctrine
The faith in the doctrine was thus affirmed and established by Indra Nehru Gandhi v. Raj Narain (S). Here, the appellant had appealed against an order of Allahabad High Court declaring invalid her election as Prime Minister. In the middle of petitioning, an act for the 39th amendment to Constitution phrase that no court has jurisdiction over a dispute in relation to election procedures concerning President or Prime Minister was promulgated and took effect.
The Hon’ble Supreme Court, relying on the decision of Kesavananda Bharati stated that democracy is constitutional in character and forms part of basic structure. The bench added certain other features to the list of the basic structure, which was: Rule of Law and the power of Judicial Review.
Such a basic structure, then came to light in the matter of Minerva Mills Ltd. v. Union of India when the Supreme Court crystallised the doctrine and held that this power amending under Article 368 is limited while absolute exercise thereof cannot be envisioned at all. The basic structure doctrine of the Constitution included a limited amending power as part. Furthermore, the harmony and balance between fundamental rights and directive principles is also a part of basic structure. Anything that would destroy this balance in itself constitutes an ipso facto violation of doctrine.
In the case L. Chandra Kumar v. Union of India, it again reaffirmed that powers under Article 32 (for disputes involving infringements upon rights guaranteed in Part III) and Article 226 are included within basic structure doctrine; they cannot be attenuated or watered down by being handed over to administrative tribunals for determination.
Basic Structure Doctrine of Indian Constitution
The Basic Structure Doctrine is a foundation stone in comprehending the vitality and plastic nature of our Constitution. This doctrine, established by the Indian Supreme Court serves as a guiding principle. It protects Constitution’s basic structure against amendments that might change its essential concepts. But defining the core of Basic Structure Doctrine reveals the crux of India’s constitutional spirit and its promise to defend democratic values, rights, and rule by law. This article discusses the Basic Structure Doctrine in India, a constitutional principle that limits Parliament’s power to amend fundamental aspects of the Constitution, preserving its core principles.
Table of Content
- Evolution of Basic Structure Doctrine
- Evolution of the Basic Structure Concept
- Shankari Prasad Case – 1951
- Berubari Union Case – 1960
- Sajjan Singh Case -1965
- Golaknath case – 1967
- 24th Constitution Amendment Act – 1971
- Kesavananda Bharati vs. State of Kerala – 1973
- Indira Nehru Gandhi v. Raj Narain case – 1975
- 42nd Amendment Act – 1976
- Minerva Mills case -1980
- Waman Rao Case (1981)
- Indra Sawhney versus Union of India – 1992
- Kihoto Hollohan Case -1993
- S.R. Bommai case – 1994
- Significance of the Basic Structure Doctrine
- Criticisms of Basic Structure Doctrine