Limit of Basic Structure Doctrine in Checking Validity of Ordinary Law

November 7, 2024

GS Paper II Polity

Limit of Basic Structure Doctrine in Checking Validity of Ordinary Law

The Supreme Court of India ruled that a law’s validity cannot be challenged on the basis of violating the Basic Structure doctrine while dealing with case determining validity of Uttar Pradesh Madrasa Education Board Act, 2004.

Key Highlights from the Judgment

Abstract Terms : The Chief Justice explained that such claims must be linked to specific constitutional provisions rather than abstract elements of the Basic Structure.
- Basic Structure includes undefined principles like democracy, federalism, and secularism.
- According to the court, using these abstract concepts to challenge a law’s validity could lead to uncertainty in constitutional interpretation.
Response to Allahabad High Court’s Ruling: The Allahabad High Court previously held that the Uttar Pradesh Madrasa Education Board Act, 2004, disregarded secularism.
Ordinary Laws Vs Constitutional Amendments: The Supreme Court reiterated that Constitutional Amendments and ordinary statutes operate within different legal frameworks.
While Constitutional Amendments can be reviewed under the Basic Structure doctrine, ordinary legislation cannot be invalidated on this basis.

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Differences between Ordinary Law and Constitutional Law in India:

Aspect	Ordinary Law	Constitutional Law
Definition	Laws created by Parliament or state legislatures under the Constitution.	The supreme law of India, detailing the structure, functions, and powers of government.
Purpose	To govern specific areas such as civil, criminal, and administrative matters.	To outline fundamental principles of governance and citizens’ rights.
Amendment Process	Can be amended by a simple majority in Parliament or state legislatures, depending on the jurisdiction.	Requires a special process: either a simple majority, a two-thirds majority, or ratification by states, as per Article 368.
Judicial Review	Can be reviewed and struck down if they violate Fundamental Rights or exceed legislative competence.	Subject to judicial review, but certain Amendments are tested against the Basic Structure doctrine.
Applicability of Basic Structure Doctrine	Not applicable to ordinary laws. Ordinary laws cannot be challenged solely for violating Basic Structure.	Applicable to Constitutional Amendments. Amendments cannot alter the Basic Structure (as per Kesavananda Bharati case, 1973).
Examples	Indian Penal Code (IPC), 1860 Right to Information Act, 2005 Consumer Protection Act, 2019	Fundamental Rights (Part III of the Constitution) Directive Principles of State Policy (Part IV) Amendment Acts like Constitution (42nd Amendment) Act, 1976
Scope of Application	Limited to specific areas or subjects defined in the Union, State, or Concurrent Lists of the Constitution’s Seventh Schedule.	Applies broadly to structure and governance of the country, with comprehensive power distribution and limitations on all government organs.
Amendments or Changes	Can be amended, repealed, or replaced by passing another ordinary law in the legislature.	Amendments require adherence to procedures under Article 368. Notable cases include 24th Amendment, 1971, and 44th Amendment, 1978.
Role in Governance	Facilitates the practical functioning of government through enforceable rules and policies.	Defines and limits government power, ensuring democratic governance, federalism, and protection of rights.

Influence of Past Landmark Cases

The court referred Kesavananda Bharati (1973) and Indira Nehru Gandhi vs. Raj Narain (1975) cases, where the Basic Structure doctrine was applied for the first time.
Court cited Chief Justice A.N. Ray’s view in the Raj Narain case, which argued that applying the doctrine to ordinary statutes would equate to “rewriting the Constitution.”
Justice K.K. Mathew considered the Basic Structure concept as “too vague” for assessing the validity of ordinary laws.

Implications of the Ruling

Legislative Autonomy: The ruling emphasizes that ordinary legislation by Parliament and state legislatures cannot be struck down for violating the Basic Structure, thus maintaining legislative autonomy within constitutional boundaries.
Judicial Clarity: This judgment reinforces the scope of judicial review by limiting the Basic Structure doctrine to Constitutional Amendments, ensuring clearer boundaries in constitutional adjudication.
Judicial Precedent: This decision, which partially upheld the Uttar Pradesh Madrasa Education Board Act, sets a precedent affirming that only Constitutional Amendments can be examined for adherence to the Basic Structure, not ordinary laws.

About Basic Structure Doctrine

The Basic Structure Doctrine is a landmark judicial innovation introduced by the Supreme Court of India in the Kesavananda Bharati case (1973).

It establishes that certain fundamental features of the Indian Constitution cannot be altered or abrogated by Parliament through constitutional amendments.
It serves as a safeguard against arbitrary changes to the Constitution and ensures that the fundamental principles enshrined in the document remain intact.
It has been a significant tool in protecting democratic values and upholding the rule of law in India in several cases.

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Some Key Aspects of the Basic Structure Doctrine

Supremacy of the Constitution: The Constitution is the supreme law of the land, and no law can override its provisions.
Democratic Republic: India is a sovereign, socialist, secular, democratic republic. These fundamental features cannot be altered.
Secularism: The principle of secularism ensures religious neutrality and freedom of religion.
Federalism: The division of powers between the central government and the states is a core feature of the Constitution.
Separation of Powers: The doctrine of separation of powers between the legislature, executive, and judiciary is essential for maintaining checks and balances.
Fundamental Rights: The fundamental rights enshrined in Part III of the Constitution are considered inviolable.
Rule of Law: The rule of law ensures that everyone is subject to the law, including those in power.
Judicial Review: The power of the judiciary to review the constitutionality of laws is a crucial safeguard against arbitrary power.

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