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11 Nov 2022
GS Paper 2
Polity & Governance
Day 3: Discuss the significance of the basic structure of the Constitution of India.
Approach
- Start your answer by giving a brief about Doctrine of Basic Structure.
- Discuss the significance of basic structure in strengthening constitutionalism.
- Conclude suitably.
Introduction
'Doctrine of Basic Structure': It was propounded by the Indian Judiciary on 24th April 1973 in Keshavananda Bharati case to put a limitation on the amending powers of the Parliament so that the ‘basic structure of the basic law of the land’ cannot be amended in exercise of its ‘constituent power’ under the Article 368.
- Basic structure though is not exactly defined but through its contents which have been provided by the judicature clarifies a scope defining the frame or the structure of the constitution.
- Some of its constituents are Rule of law, Sovereignty, liberty and republic nature of Indian polity, judicial review, Separation of power, secularism, and Republic nature of India etc.
Body
Significance in strengthening constitutionalism
- Protection from authoritarian regime: It certainly saved Indian democracy from degenerating into an authoritarian regime (help in flourish fundamental laws of the land).
- Independence of judiciary: It strengthens our democracy by delineating a true separation of power where Judiciary is independent of other two organs. It has also given immense untold unbridled power to Supreme Court and made it the most powerful court in the world.
- Citizenship rights: It, by restraining the amending powers of the legislative organ of State, provides basic Rights to Citizens which no organ of State can overrule. These rights are called Fundamental Rights.
- Being dynamic in nature, it is more progressive and open to changes in time unlike the rigid nature of earlier judgements.
- It helps in maintaining the supremacy of the constitution by binding the executive within the limits of the law.
Conclusion
Even though the judiciary never gave a solid test to discover what basic structure is, it however, has acted as a brake to the legislative enthusiasm of Parliament, thereby preserving the original ideals envisioned by the constitution-makers and strengthening the democracy.
