Basic Structure & Evolution of the Constitution
The theory of the basic structure of the Constitution, established by the Judiciary in the Kesavananda Bharati case in 1973, has significantly influenced the evolution of the Indian Constitution. This theory:
- Limits Parliament’s power to amend the Constitution by prohibiting amendments that violate its basic structure.
- Allows Parliament to amend any part of the Constitution within this limitation.
- Empowers the Judiciary as the final authority in determining whether an amendment violates the basic structure. Over the past four decades, this ruling has guided interpretations of the Constitution, demonstrating the concept of a living constitution. Despite not being explicitly mentioned in the Constitution, the theory of basic structure has emerged from judicial interpretation, effectively amending the Constitution without formal changes. The basic structure doctrine has balanced rigidity and flexibility by permitting amendments to certain parts while safeguarding others from modification. Judicial interpretation has also influenced our understanding of various constitutional provisions, such as reservations in jobs and educational institutions, the concept of creamy layer, and rights concerning education, life, liberty, and minority educational institutions. These instances illustrate how judicial rulings contribute to the ongoing evolution of the Constitution.
Constitution as a Living Document Chapter 9 Class 11 Notes
The Indian Constitution is a comprehensive and living document that governs the nation’s democratic framework. It establishes the structure of the government, outlines the rights and duties of citizens, and defines the powers of different branches. Amendments to the Constitution are essential to adapt to changing societal needs and emerging challenges while preserving its core principles and values.
Let us learn more about “Constitution as a Living Document”!