Doctrine of Basic Structure

Background information of the Keshwananda Bharti Case

The doctrine of basic structure was evolved in the Kesavananda Bharati case. That began with land reforms in the Indian state of Kerala during the 1950s and 1960s. These reforms aimed to take land from big landowners and give it to the people, who are without land, especially the poor.

In 1963, the Kerala government passed the Kerala Land Reforms Act. This law set a limit on how much land one person could own. By this allocation of land, the government to take excess land from landowners and give it to those, who in need.

Sri Kesavananda Bharati was the leader of the Edneer Mutt. This was a Hindu religious group in Kerala. In 1970, the Kerala government introduced rules that limited how much land religious institutions could own. The Edneer Mutt, led by Sri Kesavananda Bharati, fought back by challenging these rules in the Kerala High Court. 

Later, the case eventually went to the Supreme Court, which ruled in favor of the government. At the same time, the Indian Parliament passed the 24th Amendment to the Constitution.

This amendment tried to reduce the power of the judiciary because it stop from reviewing laws too closely. Later, the 25th and 29th Amendments were passed as well. These amendments passed with aimed to curb the basic rights of citizens. Further it gave Parliament the power to change almost any part of the Constitution.

Sri Kesavananda Bharati then filed a petition to challenge these amendments, claiming they harmed the basic structure of the Constitution. This led to the landmark Kesavananda Bharati case.

The Supreme Court ruled that the Constitution has a basic structure that cannot be changed. It limited how much power Parliament had to amend the Constitution. The court held that the parliament can amend any part of the constitution under the Article 368 of the constitution even the fundamental rights under the part 3 of the constitution but basic struction of constitution can not be change.

The Kesavananda Bharati case is now one of the most important cases in Indian constitutional law. Sri Kesavananda Bharati is remembered as a key figure in the struggle to protect democracy and the rule of law in India.

 

What are the Components of the Basic Structure?

Basic Structure Doctrine outlines some elements that are considered important to the Indian Constitution. These can not be changed even through amendments. Because these components helps preserve the core values of rule of law, democracy, justice, and equality. Now lets see some of the basic structure components:

 

1. Supremacy of the Constitution:  

The Constitution is the highest law of the land in india. This makes it a crucial part of the Basic Structure Doctrine. Any change that weakens or removes this supremacy is not allowed even by the article 368 of the constituion.

In the Kesavananda Bharati case, the court stressed that the Constitution is supreme. And no one can amendment change its basic structure.

 

2. Secularism:  

Secularism is a key part of the Basic Structure, meaning that the state has no religion. It treats all religions equally which promote harmony among the peoples of india. The courts have said that any change that makes the state religious or harms secularism would not be allowed.

This was highlighted in the S R Bommai v. Union of India case.

 

3. Republican and Democratic Form of Government:  

A republican and democratic government, where the people have a voice in how the country is run, is part of the Basic Structure. As it was discussed in the case of Indira Gandhi v. Raj Narain case.

 

4. Separation of Powers:  

The Constitution divides authority among the legislature, executive, and judiciary. Any change that disrupts this balance and gives too much power to one branch is likely to be challenged in court.

 

5. Independent Judiciary:  

An independent judiciary is important to ensure that the other branches of government do not go beyond their powers. The judiciary acts as a guardian of the Constitution, interpreting its rules, resolving disputes, and ensuring that government actions follow constitutional values.

In the case of SC Advocates-on-Record Association v. Union of India (2015), the Supreme Court ruled that the National Judicial Appointment Commission Act, 2014 was unconstitutional to protect the independence of the judiciary in appointing judges.

 

6. Judicial Review:  

The judiciary has the power to check the actions of the executive and legislature to make sure they follow the Constitution. This is a built-in part of the Indian Constitution.

 

Conclusion  

Basic Structure Doctrine provides a balancing platform where the need for amending the Constitution with the need to protect its core values are managed. The debate is mainly about what exactly is included in the Basic Structure. Some parts of the doctrine have been confirmed by courts again and again, while other parts are still being discussed and debated.