Basic structure: A vital doctrine

The basic structure doctrine of the Constitution, which limits the power of parliament to amend it, is very relevant in the 50th year of its pronouncement by the Supreme Court. The top court has launched a special web page to celebrate the anniversary of the Kesavananda Bharati case judgement which laid down the doctrine. It restrained the executive and the legislature from altering what it considered as the Constitution’s basic structure. It did not define the basic structure but it is assumed that democracy, rule of law, fundamental rights, secularism, balance between organs of State, judicial review, and federalism are all part of the basic structure. It provides the Constitution with its core, and has served as a touchstone to test the validity of many subsequent executive and legislative actions.

Chief Justice of India D Y Chandrachud recently called the basic structure doctrine “a North Star which guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.” The value and impact of the doctrine can be seen from the fact that it has been adopted by the judiciary in a number of other countries in their constitutional thinking. It has given a strong underpinning to the State and given it stability. The doctrine had evolved through earlier judgements and is mainly traced to the Golaknath case judgement of 1967, which put limits on parliament’s amending powers and held that “the core rights in our foundational assembly cannot be altered by changes.” The doctrine is rational because parliament, which is itself a creature of the Constitution, should not have the power to amend its basic framework.

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The Constitution is facing greater challenges now than at any time in the past. Vice-President Jagdeep Dhankhar, who is an important constitutional functionary, has himself questioned the doctrine and propounded that parliament has the power to amend any part of the Constitution and the Supreme Court has no power to sit in judgement on its decisions. Till now, the challenge to the Constitution has come from various quarters but not from an authority like the Vice-President. That is why affirming the doctrine and its value is especially important now. It is important to realise that it is not just for the Supreme Court to protect the basic structure. The greater responsibility to protect it is on the people of India, whose will the Constitution expresses. It is the essence of being Indian and the core of our democratic nationhood that makes up the basic structure. The doctrine is the judicial expression of that essential nature, and its reality should be felt, experienced, and preserved in our being.