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24 Jul 2023
GS Paper 2
Polity & Governance
Day 7: Discuss the concept of the basic structure doctrine. Examine its significance and impact on the constitutional framework of India with recent examples. (150 words)
- Introduction: Start your answer with a brief overview of the Basic Structure Doctrine and its inception.
- Body: Discuss its significance on preserving the very soul of the Constitution and provide some of the recent examples such as the Aadhar and NJAC judgements.
- Conclusion: Summarize the key points and conclude.
Introduction:
The basic structure doctrine is a judicial principle in India that states that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. The doctrine was developed by the Supreme Court of India in the landmark judgement of Kesavananda Bharati v State of Kerala in 1973.
Body:
The significance of the doctrine is that it protects the core values and principles of the Constitution from being tampered with by the legislature. It also empowers the judiciary to review and strike down any amendment that violates the basic structure of the Constitution. The doctrine thus acts as a check and balance on the amending power of the parliament and preserves the constitutional identity and integrity of India.
In recent years, the basic structure doctrine has been invoked in various cases to challenge legislative actions. For example, in 2019, the Supreme Court declared the 99th Constitutional Amendment Act, which provided for the introduction of the National Judicial Appointments Commission, as unconstitutional as it violated the independence of the judiciary, which is a part of the basic structure. This decision reinforced the significance of the basic structure doctrine in preserving the integrity and constitutional framework of India.
Moreover, in 2018, the Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) v. Union of India upheld the constitutionality of the Act, 2016, but imposed certain restrictions and modifications. The court held that the right to privacy is an integral part of the fundamental right to life and personal liberty under Article 21 and forms a part of the basic structure. This decision reaffirmed the importance of the basic structure doctrine in safeguarding individual rights.
Conclusion:
The basic structure doctrine plays a vital role in safeguarding the fundamental principles of the Indian Constitution. Its significance lies in preventing arbitrary amendments and preserving the core values of the constitutional framework. Recent examples, such as the case involving the NJAC, highlight the impact of this doctrine in upholding the constitutional integrity of India.
