Adwitiya Singh, Chandigarh University
Dr. Chander Prakash Singh, Chandigarh University
ABSTRACT
The Doctrine of Basic Structure stands as one of the most significant contributions of the Indian judiciary to constitutional jurisprudence. Its origins can be traced to Professor Dietrich Conrad’s 1965 lecture on implied limitations to constitutional amendments. This notion, though initially hesitated upon by the judiciary in Golaknath, was firmly established in the landmark Kesavananda Bharati case, where Nani Palkhivala successfully argued that while Parliament possesses broad powers under Article 368, these powers are not absolute. The doctrine asserts that fundamental elements of the Constitution such as democracy, secularism, federalism, and the rule of law—cannot be altered, even by a parliamentary supermajority. This safeguard, judicially crafted, arose in response to fears of executive overreach and the potential erosion of constitutional principles through majoritarian amendments. Initially contentious, the basic structure doctrine has since evolved to become a critical check on legislative power, preserving the integrity of the Constitution against arbitrary amendments. The judiciary invoked this doctrine to strike down various amendments, particularly during periods of political unrest, such as the Emergency era. Its application has since been reaffirmed in cases like the National Judicial Appointments Commission (NJAC) in 2015, where the Court ruled that the independence of the judiciary forms part of the Constitution's basic structure. Critics argue that this doctrine grants the judiciary disproportionate power, allowing unelected judges to overturn the will of Parliament. However, the doctrine remains indispensable in preserving core constitutional values amidst shifting political landscapes. In contemporary times, the relevance of the basic structure doctrine cannot be overstated, as it continues to act as a bulwark against executive overreach, ensuring that India’s constitutional identity remains intact despite socio-political changes. Its influence has extended beyond India, serving as a model for post-authoritarian states and emergent democracies seeking to safeguard against the dangers of democratic backsliding. Since its inception, the basic structure doctrine has been vigorously debated and has emerged as a central feature in contemporary institutional disputes regarding constitutional identity and change. This paper explores the genesis, critique & relevance of the basic structure doctrine in present times, highlighting its importance in maintaining democratic integrity and preventing arbitrary alterations that could undermine the Constitution’s foundational values. Through this analysis, the paper underscores the doctrine's enduring significance in the context of contemporary constitutional challenges.
Keywords: basic structure, constitution, doctrine, amendment.
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