The Basic Structure Doctrine

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 The Basic Structure Doctrine 


As we celebrated 50 years of the landmark case of "Keshvanand Bharti v/s State of Kerala ,in which the hon'ble Supreme Court held that the constituent power of Parliament under Article 368 does not enable it to alter the 'basic structure' of the constitution. In this case, while essaying the verdict, the Supreme Court defined the basic structure of the constitution and introduce , ''The Basic Structure Doctrine.''`

Basic Structure means the foundation over which anything stands. In case, the base is removed the structure will fall. Thus, the doctrine of basic structure points towards those core features of the constitution which can not be changed.

One of the initial references to the doctrine was in ''Sajjan Singh v/s State of Rajasthan '' case, in 1963. The court observed that ''constitution
formulated a solemn and dignified Preamble which appears to be the epitome of basic features of the constitution . Can it not be said that these are indica of the intention of the constituent assembly to give a permanency to the basic features of the constitution.''

The Supreme court indirectly exercised this doctrine in ''Golaknath case 1967'', when the court held that Parliament has no power to curtain Fundamental Rights.

The doctrine actually came into being in the seminal case of '' Keshvanand Bharti v/s State of Kerala'', where the supreme court held that every provision of the constitution can be amended provided the basic structure of the constitution remain the same. The concept of Basic structure as seen gives conference and durability to a constitution for it has a certain intrinsic force in it.

In India, the doctrine of basic structure is a judicial innovation and it continues to evolve via judicial pronouncements . The countous of the expression has been looked into by the court from time to time and several features have been identified, but a complete list does not exist.

In Keshvanand Bharti case, the then CJI Sikri laid the first list of basic features of the constitution ---''discernible not only from the Preamble but from whole scheme of the indian Constitution.''

In Minnerva Mills Case 1980, the court held that,'' The basic features if damaged or destroyed would rob the constitution but would become a different constitution.

In I.R.Coelho v/s State of Tamil Nadu case, 2007, the court observed ,'' Since, the power to amend the constitution is not unlimited. If changes destroy the identity of the constitution, such accumulation would be void. To qualify to be a basic structure it must be ''tenestial concept'' situated within the four corners of the constitution and not a twinkling star up above the constitution.''

The court determines the basic structure on the basis of its place in the entire scheme of the constitution, its objectives and the consequence of its denial on the integrity of the constitution as the fundamental law of country's governance. It also does not abstract ideas or even aspirations of people not found within the constitution.

Key Elements:- On the basis of emergence of various verdict of the Supreme Court , following are some key elements of ''Basic Structure Doctrine'', namely:

1. Supremacy of the Constitution

2. Separation of power between the legislature, the executive and the judiciary.

3. Republic and democratic form of government.

4. Secular character of the constitution.

5. federal character of the constitution.

6. Sovereignty and unity of India.

7. Freedom and dignity of the individual.

8. Mandate to build a welfare state.

9. Parliamentary system and so on.

The basic structure needs to be construed in its object, purpose and consequences of its denial on the integrity of the constitution as a fundamental instrument of governance of the country. The theory of basic structure is based on the premise that amendment of the constitution can be equivalent to the destruction of the constitution. even after amendment, one should be able to trace the original constitution.

Thus, the doctrine is deeply rooted in the constitution's text and history. It has substantial moral values as it strengthens democracy by limiting the power of majoritarian government. It may be an abstract principle but it does not mean it is not inherent in the constitution.

Hence, Basic Structure Doctrine is likely a safety valve to protect Indian Democracy . It protected Indian democracy from collapsing into totalitarian rule. It makes the supreme court, ''the Guardian of the Constitution.'' 

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