HPAS 2021 GS2 Question 4

HPAS 2021 Mains GS-2 Question 4

Discuss the Basic Structure theory of the Indian Constitution.

Solution:

The Basic Structure Doctrine is a judicial principle established by the Supreme Court of India that holds that certain fundamental features of the Constitution cannot be amended or abrogated by the Parliament through its constituent power under Article 368.

1. Evolution of the Doctrine

The doctrine emerged from a long-standing tussle between the Parliament and the Judiciary regarding the scope of amending powers:

[Image of the evolution of basic structure doctrine indian constitution timeline diagram]

• Shankari Prasad Case (1951) & Sajjan Singh Case (1965): The Supreme Court initially held that Parliament had absolute power to amend any part of the Constitution, including Fundamental Rights.
• Golaknath Case (1967): The Court reversed its stance, ruling that Fundamental Rights are “transcendental and immutable” and cannot be taken away by amendments.
• Kesavananda Bharati Case (1973): In a landmark 7:6 majority, a 13-judge bench propounded the Basic Structure theory. It held that while Parliament can amend any part of the Constitution, it cannot alter its “Basic Structure” or “Framework”.

2. Core Elements of Basic Structure

The Supreme Court has not provided an exhaustive list, but several features have been identified through various judgments:

[Image of basic structure doctrine elements list diagram]

• Supremacy of the Constitution: The Constitution is the highest law of the land.
• Republican and Democratic form of Government: Sovereignty lies with the people.
• Secular and Federal Character: Religious neutrality and power-sharing between Centre and States.
• Separation of Powers: Balance between the Executive, Legislature, and Judiciary.
• Judicial Review: The power of courts to examine the validity of laws and amendments.
• Individual Freedom and Dignity: Protection of fundamental liberties.

3. Significance and Criticism

“The power to amend is not a power to destroy. The Constitution cannot be used to destroy itself.”

Significance: It acts as a check on majoritarianism, prevents the subversion of democracy, and ensures that the core identity of the Constitution remains intact while allowing for necessary evolution.

Criticism: Critics argue that the doctrine is not mentioned in the text of the Constitution and gives the Judiciary “veto power” over the will of the people expressed through Parliament (Judicial Overreach).

Concise Model Answer (150-Word Limit)

The Basic Structure Doctrine was propounded in the landmark Kesavananda Bharati Case (1973). It limits the Parliament’s power under Article 368, asserting that while any part of the Constitution is amendable, the “essential features” that form its foundation cannot be destroyed.

Key Facets:

1. Evolution: It resulted from a struggle between Parliamentary supremacy (Shankari Prasad) and Judicial protection of rights (Golaknath).
2. Elements: Includes features like Supremacy of the Constitution, Separation of Powers, Secularism, Federalism, and Judicial Review.
3. Impact: It ensures that the Constitution remains a “living document” while protecting it from being rewritten into a different identity by a temporary political majority.

By establishing that the “power to amend is not the power to destroy,” the doctrine has become the bedrock of Indian constitutionalism and the ultimate safeguard for democracy.