The judiciary plays a crucial role in safeguarding and interpreting the basic structure of the Constitution in India. The concept of the basic structure, as established by the Supreme Court in the Kesavananda Bharati case (1973), places a limitation on the amending power of the Parliament and acts as a check to ensure that constitutional amendments do not violate the core principles and values of the Constitution.
- Judicial Review:
- The judiciary exercises the power of judicial review to examine the constitutionality of laws, including constitutional amendments. It ensures that any amendment passed by the Parliament does not violate the essential features of the Constitution.
- Determining Basic Structure:
- The judiciary, particularly the Supreme Court, determines what constitutes the basic structure of the Constitution. While some principles, such as democracy, federalism, secularism, and the rule of law, are widely acknowledged, the judiciary has the authority to identify and interpret other core elements.
- Application in Specific Cases:
- In specific cases challenging the constitutionality of amendments, the judiciary applies the basic structure doctrine to assess whether the amendment infringes upon the fundamental features of the Constitution. This involves a case-by-case analysis.
- Balance of Powers:
- The judiciary acts as a guardian of the balance of powers among the three branches of government—executive, legislative, and judiciary. It ensures that no single branch oversteps its constitutional limits, thus preserving the separation of powers, which is considered part of the basic structure.
- Protection of Fundamental Rights:
- The basic structure doctrine protects fundamental rights guaranteed by the Constitution. The judiciary ensures that amendments do not compromise or dilute these rights. In case of conflict, the court may strike down provisions that violate fundamental rights.
- Preservation of Federal Structure:
- The judiciary plays a role in preserving the federal structure of the Constitution. It ensures that amendments do not alter the delicate balance of powers between the central government and the states, maintaining the federal character of the Constitution.
- Interpretation and Evolution:
- The judiciary interprets the Constitution and the basic structure in light of changing circumstances. It allows for the evolution of constitutional principles to adapt to the needs of society while ensuring the core values remain intact.
- Application in Constitutional Amendments:
- The basic structure doctrine is specifically invoked in cases challenging the constitutionality of amendments. Courts consider whether an amendment alters or destroys the basic structure, and if so, it may be declared unconstitutional.
- Harmonization with Constitutional Values:
- The judiciary seeks to harmonize amendments with the constitutional values and principles. In cases where amendments conflict with the basic structure, the court may either strike down the amendment or read it down to bring it in conformity with the Constitution.
- Public Interest Litigation (PIL):
- Public interest litigation provides a platform for citizens to approach the judiciary to challenge laws and amendments that they believe violate the basic structure. The judiciary, through PIL, can address issues impacting public interest and constitutional values.
- Doctrine’s Limitations:
- While the judiciary upholds the basic structure doctrine, it recognizes that the doctrine has its limitations. The court has emphasized that not every provision is part of the basic structure, and the determination depends on the context and impact of the particular amendment.
The role of the judiciary in safeguarding the basic structure reflects its commitment to upholding the foundational principles of the Constitution and ensuring its enduring nature despite amendments. The judiciary’s vigilant oversight helps strike a balance between constitutional stability and adaptability to changing societal needs.
