GS 2 · 2024Indian Constitution — evolution, features, amendments, basic structure10 Marks
Q1.The basic structure doctrine has been a cornerstone of Indian constitutional jurisprudence. Discuss its evolution and significance in preserving constitutional democracy.
Directive: Discuss10 marks
Introduction
The Basic Structure Doctrine posits that certain fundamental features of the Indian Constitution cannot be altered by Parliament's amending power under Article 368. It safeguards the core identity and values of the Constitution.
Evolution of the Doctrine
- Shankari Prasad (1951) and Sajjan Singh (1965) affirmed Parliament's unlimited amending power.
- Golaknath (1967) held that fundamental rights could not be amended.
- Kesavananda Bharati (1973) propounded the Basic Structure Doctrine, asserting Parliament's power to amend but not destroy the Constitution's basic features.
Significance in Preserving Constitutional Democracy
- Check on Legislative Power: Prevents Parliament from subverting the Constitution's foundational principles.
- Safeguards Democracy: Protects fundamental rights, secularism, federalism, and the republican-democratic form of government against majoritarian impulses.
- Upholds Judicial Review: Reinforces the judiciary's role as the guardian and ultimate interpreter of the Constitution, strengthening checks and balances.
Conclusion
Thus, the Basic Structure Doctrine remains a vital pillar, ensuring the enduring spirit and democratic framework of India's Constitution.
142 words · target ~150