Answer:

Introduction:

The ‘Basic Structure Doctrine’ is a judicial principle established by the Supreme Court of India that asserts that there are certain fundamental features of the Constitution which cannot be altered or abridged by the Parliament through a constitutional amendment. This doctrine is unique to the Indian Constitution and ensures its integrity and longevity.

Body:

Basic Structure Doctrine 

• Origins: 
  • The doctrine was first pronounced in the historic judgement of the Kesavananda Bharati vs. State of Kerala case in 1973.
• Key Aspects: 
  • The Court held that although the Parliament has wide powers to amend the Constitution under Article 368, it did not have the power to destroy or alter its “basic structure.”
• Undefined Contents: 
  • The Court did not provide a clear list of what constitutes the “basic structure.” 
  • However, over the years, subsequent rulings have identified various features, such as:
    • Supremacy of the Constitution
    • Secular character
    • Democracy
    • Rule of law
    • Judicial review
    • Federalism
    • Unity and Sovereignty of India

Significance of the Basic Structure Doctrine:

• Guardian of Fundamental Rights:
  • The doctrine ensures that fundamental rights enshrined under Part III of the Constitution cannot be abrogated, even if the Parliament, by its constituent power, amends the Constitution.
  • For instance, in the Indira Nehru Gandhi vs. Raj Narain case (1975), the Court applied the basic structure doctrine to strike down the clause that exempted the Prime Minister’s election from judicial review.
• Maintaining Constitutional Integrity:
  • The doctrine acts as a check against the unbridled power of the Parliament in altering the Constitution, thereby maintaining the Constitution’s integrity.
  • The Parliament cannot, in the guise of amending the Constitution, change its core principles.
• Balancing Power between Judiciary and Legislature:
  • It establishes a balance of power where the judiciary reviews amendments to ensure they don’t impinge on the Constitution’s core ideals, while the Parliament retains the power to adapt the Constitution to changing needs.
  • This was evident when the 39th Amendment tried to place the election of the President, Vice-President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review. The Supreme Court struck it down, emphasizing the primacy of the basic structure.
• Preservation of the Ideals of the Constitution:
  • By preserving its core principles, the doctrine ensures that the ideals on which the Constitution was founded – justice, liberty, equality, and fraternity – remain inviolable.

Conclusion: 

The Basic Structure Doctrine, though not explicitly mentioned in the Constitution, has become its cornerstone. By safeguarding the fundamental rights of citizens and ensuring that the Constitution remains true to its founding principles, the doctrine upholds the sanctity and indomitable spirit of the Indian Constitution amidst evolving socio-political landscapes.

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