Doctrine of Basic Structure

This article has been written by Sanskar Dubey who is a student of Christ University.

Basic structure (doctrine) of the Constitution

The constitution enables the Parliament and the State Legislatures to make laws inside their separate locale. Bills to revise the constitution must be presented in the Parliament, yet this force isn’t outright. If the Supreme Court finds any law made by the Parliament conflicting with the constitution, it can announce that law to be invalid. Along these lines, to protect the beliefs and theory of the first constitution, the Supreme Court has set out the essential structure convention. As indicated by the teaching, the Parliament can’t decimate or change the essential structure of the convention.

Development of the Basic Structure

“Basic Structure” isn’t referenced in the constitution of India. The idea grew step by step with the obstruction of the legal executive now and then to ensure the fundamental privileges of the individuals and the goals and the way of thinking of the constitution.

• The First Constitution Amendment Act, 1951 was tested in the Shankari Prasad versus Association of India case. The revision was tested on the ground that it damages the Part-III of the constitution and along these lines, ought to be viewed as invalid. The Supreme Court held that the Parliament, under Article 368, can revise any piece of the constitution including basic rights. The Court gave a similar decision in Sajjan Singh Vs State of Rajasthan case in 1965.

• In Golak Nath versus State of Punjab case in 1967, the Supreme Court overruled its prior choice. The Supreme Court held that the Parliament cannot alter Part III of the constitution as the essential rights are supernatural and unchanging. As indicated by the Supreme Court administering, Article 368 just sets out the technique to revise the constitution and doesn’t give total forces to the parliament to alter any piece of the constitution.

• The Parliament, in 1971, passed the 24th Constitution Amendment Act. The demonstration gave the total capacity to the parliament to roll out any improvements in the constitution including the principal rights. It likewise made it required for the President to give his consent on all the Constitution Amendment charges sent to him.

In 1973, in Kesavananda Bharti versus Territory of Kerala case, the Supreme Court maintained the legitimacy of the 24th Constitution Amendment Act by looking into its choice in the Golaknath case. The Supreme Court held that the Parliament can revise any arrangement of the constitution, yet doing as such, the essential structure of the constitution is to be kept up. However, the Apex Court didn’t any free definition from the fundamental structure. It held that the “essential structure of the Constitution couldn’t be annulled even by a sacred revision”. In the judgment, a portion of the fundamental highlights of the Constitution, which were recorded by the appointed authorities.

The basic features of the Constitution are as follows:

1. Supremacy of the constitution
2. Republican and democratic form of government
3. Secular character of the constitution
4. Federal character of the constitution
5. Separation of power
6. Unity and Sovereignty of India
7. Individual freedom