BASIC STRUCTURE OF THE INDIAN CONSTITUTION
The doctrine of Basic Structure:
It was propounded by the Indian Judiciary on 24th April 1973 in the 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 the exercise of its ‘constituent power’ under the Constitution. The word “Basic Structure” is not mentioned in the constitution of India. The doctrine of basic structure is nothing but a judicial innovation to ensure that the power of amendment is not misused by Parliament.
Basic Structure Doctrine - Elements
The Supreme Court is yet to define or clarify what constitutes the basic structure of the Constitution. From the various judgments, the following have emerged as essential features of the Constitution or elements of the basic structure of the constitution:
1. Supremacy of the Constitution.
2. Sovereign, democratic and republican nature of the Indian polity.
4. Separation of powers between the legislature, the executive, and the judiciary.
5. Federal character of the Constitution.
6. Unity and integrity of the nation.
7. Welfare state (socio-economic justice).
8. Judicial review.
9. Freedom and dignity of the individual.
10. Parliamentary system.
11. the rule of law.
12. Harmony and balance between Fundamental Rights and Directive Principles.
13. Principle of equality.
14. Free and fair elections.
15. Independence of Judiciary.
16. Limited power of Parliament to amend the Constitution.
17. Effective access to justice 18. Principles (or essence) underlying fundamental rights.
18. Powers of the Supreme Court under Articles 32, 136, 141, and 142.
19. Powers of the High Courts under Articles 226 and 227.
Various other doctrines of the Supreme Court:
• Doctrine of Pith and Substance – if the substance of legislation falls within a legislature’s lawful power, the legislation does not become unconstitutional just because it impacts an issue beyond its area of authority.
• Doctrine of severability – when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the law, only that offending provision will be declared void by the Court and not the entire statute.
• Doctrine of Eclipse – any law which is inconsistent with fundamental rights is not invalid. It is not totally dead but overshadowed by fundamental rights. The inconsistency (conflict) can be removed by constitutional amendment.
• Doctrine of Laches – emanates from the principle that the Courts will not help people who sleep over their rights and helps only those who are aware and vigilant about their rights. A party is said to be guilty of laches when they come to the Court to assert their rights after a considerable delay in that respect.
• Doctrine of territorial nexus- It means that the object shall be located outside the territorial limits of the state and has a territorial connection with the state.
• Doctrine of Colourable Legislation – It means when a legislature does not have the power to make laws on a particular subject directly, it cannot make laws on it indirectly.
• Doctrine of Harmonious Construction – when two provisions of a legal text seem to conflict, they should be interpreted so that each has a separate effect and neither is redundant or nullified.
