QUE : “The doctrine of ‘Basic Structure’ acts as a constitutional safeguard against the transient parliamentary majority amending the core identity of the Constitution. Explain the evolution of this doctrine from the Shankari Prasad case to the Kesavananda Bharati case. How does the ‘Width vs. Identity’ test distinguish permissible amendments from unconstitutional ones?”

ANSWER

1. Introduction

The Basic Structure doctrine, propounded in Kesavananda Bharati v. State of Kerala (1973), limits Parliament’s amending power under Article 368, preventing the destruction of the Constitution’s core identity. It emerged from a judicial tussle between Parliamentary sovereignty and Constitutional supremacy.

2. Body

Evolution of the Doctrine

• Shankari Prasad (1951) & Sajjan Singh (1965): Supreme Court upheld absolute amending power under Art. 368, ruling “amendment” includes Fundamental Rights (FRs).

• Golaknath (1967): Reversed stance; held FRs are transcendental and immutable. Parliament cannot amend Part III.

• 24th Amendment (1971): Restored Parliament’s power to amend FRs explicitly.

• Kesavananda Bharati (1973): 13-judge bench overruled Golaknath but restricted power—Parliament can amend any provision (including FRs) but cannot alter the “Basic Structure”.

Width vs. Identity Test

• Width Test (Permissible): Amendments that widen rights, improve governance, or update provisions without changing the Constitution’s foundational identity (e.g., 73rd/74th Amendments, GST).

• Identity Test (Prohibited): Amendments that destroy the Constitution’s “identity”—its essential features like Supremacy of Constitution, Rule of Law, Judicial Review, Federalism, Secularism, and Separation of Powers (e.g., Minerva Mills struck down clauses ousting Judicial Review).

3. Conclusion

The doctrine balances flexibility (Art. 368) with rigidity (Core Values). It ensures the Constitution remains a living document while preserving its “identity” as a Sovereign, Socialist, Secular, Democratic Republic, aligning with the vision of Viksit Bharat @2047.