Criticisms of Basic Structure Doctrine
Some grounds for the criticism of Basic Structure doctrine are
Inconsistent with the principle of separation of powers: However, a system of checks and balances is deemed healthy only when the power held by one branch do not get taken over from another. A court can reverse a constitutional amendment but not revise it.
Vagueness and elusiveness of the Basic features of the Constitution: There is no definite elucidation on what exactly constitutes Basic Structure, thereby making the doctrine ambiguous.
Translates judiciary into the third decisive chamber of parliament: By invoking the Basic Structure doctrine, the Judiciary acts as the third house and thereby renders the work done by the Parliament meaningless.
Judicial Overreach: In more recent years, it has been referred to in cases which have passed as examples of judicial over-reach. Ex: Based on this doctrine, the Supreme Court invalidated National Judicial Appointment Commission Act 2014.
Basic Structure Doctrine of Indian Constitution
The Basic Structure Doctrine is a foundation stone in comprehending the vitality and plastic nature of our Constitution. This doctrine, established by the Indian Supreme Court serves as a guiding principle. It protects Constitution’s basic structure against amendments that might change its essential concepts. But defining the core of Basic Structure Doctrine reveals the crux of India’s constitutional spirit and its promise to defend democratic values, rights, and rule by law. This article discusses the Basic Structure Doctrine in India, a constitutional principle that limits Parliament’s power to amend fundamental aspects of the Constitution, preserving its core principles.
Table of Content
- Evolution of Basic Structure Doctrine
- Evolution of the Basic Structure Concept
- Shankari Prasad Case – 1951
- Berubari Union Case – 1960
- Sajjan Singh Case -1965
- Golaknath case – 1967
- 24th Constitution Amendment Act – 1971
- Kesavananda Bharati vs. State of Kerala – 1973
- Indira Nehru Gandhi v. Raj Narain case – 1975
- 42nd Amendment Act – 1976
- Minerva Mills case -1980
- Waman Rao Case (1981)
- Indra Sawhney versus Union of India – 1992
- Kihoto Hollohan Case -1993
- S.R. Bommai case – 1994
- Significance of the Basic Structure Doctrine
- Criticisms of Basic Structure Doctrine