Significance of the Basic Structure Doctrine
Promotes Constitutional Ideals: The basic structure tries to maintain the fundamental concepts and constitutional ideals that were envisioned by our founding fathers
Maintains Supremacy of the Constitution: The doctrine has also ensured that the Constitution is preserved from destruction by a passing majority in Parliament.
Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
According to Austin: Basic Structure Doctrine has achieved a balance between the roles of Parliament and Supreme Court in safeguarding seamless web of the Indian Constitution.
Protects Fundamental Rights: Basic Structure ensures that the basic rights of citizens are not violated and authoritarianism by legislature is avoided.
Constitution as a living document: Given its dynamic nature, it is much more progressive and open to evolution with the passage of time rendering constitution a living document.
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