BASIC STRUCTURE DOCTRINE

Why in news: recently India celebrated the 50^th anniversary of Kesavanda Bharati case- which laid the foundation of Basic structure doctrine

Genesis and Evolution:

–Shankari Prasad (1951) & Sajjan Singh (1965): Early cases casting doubt on Parliament’s unchecked power to amend the constitution.

–Golak Nath (1967): Challenged unlimited parliamentary power, leading to the 24th Amendment Act (1971).

–Kesavananda Bharati (1973): Defined “Basic Structure,” allowing amendments while safeguarding essential constitutional elements.

 Strengthening the Doctrine:

–Minerva Mills (1980): Reinforced judicial role, curbing excessive parliamentary control seen in the 42nd Amendment.

–Waman Rao (1981): Introduced “Prospective Overruling,” protecting laws pre-Kesavananda.

–Indra Sawhney (1992): Recognized Rule of Law as part of the Basic Structure.

Components of Basic Structure:

• -Sovereignty, Secularism, Judicial Review: Integral components.
• -Fundamental Rights, Democratic Principles: Key elements safeguarded.
• -Rule of Law, Separation of Powers: Ensured balance between constitutional ideals and societal needs.

Significance:

• -Preserving Constitutional Sanctity: Protects the Constitution’s core against arbitrary amendments.
• -Safeguarding Fundamental Rights: Ensures citizens’ rights remain immune from parliamentary whims.
• -Balancing Governance: Maintains equilibrium among the three branches of governance.
• -Adaptable Constitution: Allows for evolution reflecting India’s changing societal ethos.