QUE : Discuss the significance of the ‘Basic Structure Doctrine’ in preserving the supremacy of the Constitution. How does it act as a check on the amending power of Parliament under Article 368?

ANSWER

1. Introduction

The Basic Structure Doctrine, evolved by the Supreme Court in the landmark Kesavananda Bharati v. State of Kerala (1973) case, asserts that Parliament’s constituent power under Article 368 cannot alter the “basic framework” of the Constitution. It establishes constitutional supremacy over parliamentary sovereignty.

2. Body

Significance in Preserving Constitutional Supremacy:

• Protection of Core Values: Safeguards foundational pillars—Supremacy of the Constitution, Republican & Democratic polity, Secularism, Separation of Powers, Federalism, and Rule of Law—from transient political majorities.

• Judicial Review as Guardian: Empowers the judiciary (Minerva Mills, 1980) to strike down amendments violating the basic structure, ensuring the Constitution remains a living charter of governance, not a tool of majoritarianism.

• Rights Preservation: Acts as a shield for Fundamental Rights (Part III), preventing their abrogation via constitutional amendments (e.g., I.R. Coelho v. State of Tamil Nadu, 2007 regarding 9th Schedule laws).

Check on Parliamentary Amending Power (Article 368):

• Substantive Limitation: Converts Article 368 from a purely procedural provision into one with substantive limitations; Parliament can amend any part but cannot destroy the identity of the Constitution.

• Prevents “Constitutional Suicide”: Stops the legislature from converting the democratic republic into a totalitarian state or unitary system via legal amendments.

• Harmonious Construction: Balances Article 368 (Amendment Power) with Article 13 (Judicial Review), ensuring the amending body does not become the master of the Constitution.

3. Conclusion

The Basic Structure Doctrine is the “North Star” of Indian constitutionalism. By imposing implied limitations on Article 368, it ensures Constitutionalism—limited government under a supreme law—aligning with the vision of Viksit Bharat @2047 where rule of law prevails over rule of men.