Question 1 · 10 marks · 210 words written
Opening · a definition
Basic Structure Doctrine refers to a set of principles which are intrinsic to the Constitution and inviolate to it which cannot be altered even through Constitutional Amendment. It is espoused by Supreme Court from time to time. Eg Federalism and was given in Keshavananda Bharti case (1973).
Body · points
Significance of Basic structure
- Maintaining democracy
- Raj Narain case, SC upheld that free and fair election is basic structure
- Safeguarding Judicial review
- This led to ensuring Constitutional balance and supremacy of Constitution Eg Minerva Mills → FR > DPSP
- Protection of Fundamental rights
④ Ensure federal Balance (SR Bommai case, it espoused that state powers are derived directly from Constitution and curbed use of Art 352)
⑤ Maintenance of Separation of Powers
- Independence of Judiciary was considered basic structure (NJAC case)
⑥ Guide to international jurisprudence (ex Copied to Bangladesh)
Challenges created by Basic Structure
① legitimacy → No mention in Constituent Assembly and had thin majority (7:6)
② Judicial activism and overreach and made judges the ultimate sovereign (ex 99th CAA was near unanimous was struck down)
Close · a way forward
Basic structure doctrine is an important concept to allow for consistency in Constitutional values. The Parliament should also contribute to basic structure and give it a tangible, codified shape.