UP PCS Mains-2024

Introduction

The provisions of the constitution which cannot be abrogated by the parliament, enacting the Constitutional Amendment Act are referred as the ‘Basic Provisions (structure) of the Constitution’ such as the Fundamental Rights enshrined in Part-III of the constitution, Sovereign, Democratic and Republican nature of Indian polity, Independence of Judiciary, Secular character of the constitution, Parliamentary system etc.

The theory of basic structure is an example of a living constitution. There is no mention of this theory in the Constitution. It has emerged from judicial interpretation. Thus, the Judiciary and its interpretation have practically amended the Constitution without a formal amendment.

Body

Role of the Supreme Court in the evolution of the ‘Basic Provision of the Constitution’:

• Kesavananda Bharati case, 1973:
  • In this case the Supreme Court laid down a new doctrine of the ‘basic structure’ or ‘basic features’ of the Constitution.
  • It has set specific limits to Parliament’s power to amend the Constitution. It says that no amendment can violate the basic structure of the Constitution.
  • It allows Parliament to amend any and all parts of the Constitution (within this limitation).
  • It places the judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure.
• Indira Nehru Gandhi case, 1975:
  • The Supreme Court invalidated a provision of the 39th Amendment Act, 1975 which kept the election disputes involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of all courts.
• Minerva Mills case, 1980:
  • In this case the Supreme Court stated that the judicial review is a ‘basic feature’ of the Constitution.
  • It invalidated a provision of the 42nd Constitutional Amendment Act, 1976 that amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground.
• Waman Rao case, 1981:
  • The Supreme Court adhered to the doctrine of the ‘basic structure’ and further clarified that it would apply to constitutional amendments enacted after 24th April 1973.

Conclusion

The concept of basic structure puts limit before executive beyond which the provisions of the constitution cannot be changes. It thus ensures the objectives of the constitution remain intact. Hence, the Basic Provisions of the Constitution help the executive and legislative wing of the government to enact the laws, rules and regulations that ultimately led to the healthy functioning of democracy.