BASIC STRUCTURE OF THE CONSTITUTION
The concept of the “basic structure” of the Constitution of India was developed by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973). This doctrine places limitations on the amending power of the Parliament, asserting that there are certain essential features or basic elements of the Constitution that cannot be altered or destroyed through the amendment process. While the court did not provide an exhaustive list of what constitutes the basic structure, it identified some principles and features that are considered fundamental.
- Supremacy of the Constitution: – The principle of constitutional supremacy asserts that the Constitution is the supreme law of the land. Any law or amendment inconsistent with the constitutional provisions is void. This ensures that the Constitution remains the ultimate authority.
- Republican and Democratic Form of Government:
- The Constitution envisions India as a sovereign, socialist, secular, and democratic republic. The principles of representative democracy, free and fair elections, and the accountability of elected representatives to the people are considered part of the basic structure.
- Secularism:
- The principle of secularism ensures the separation of religion from the affairs of the state. The Constitution guarantees religious freedom to individuals, and the state is expected to remain neutral and not promote any particular religion.
- Federal Structure:
- The federal structure of the Constitution, which defines the distribution of powers between the central government and the states, is considered a fundamental feature. The Constitution provides for a quasi-federal system with a division of legislative, executive, and financial powers.
- Unity and Integrity of the Nation:
- The Constitution seeks to maintain the unity and integrity of the nation. While respecting the diversity of cultures and identities, it emphasizes the importance of a strong and united India.
- Rule of Law:
- The principle of the rule of law ensures that everyone, including the government, is subject to and accountable under the law. It includes concepts such as equality before the law, legal certainty, and fair and just legal processes.
- Judicial Review and Independence of the Judiciary:
- The power of judicial review, which allows the judiciary to review and strike down laws inconsistent with the Constitution, is considered part of the basic structure. The independence of the judiciary ensures its ability to act as a check on other branches of government.
- Separation of Powers:
- The separation of powers among the executive, legislative, and judicial branches of government is seen as crucial. This separation prevents the concentration of power in one branch and safeguards against potential abuses.
- Welfare State:
- The Constitution envisions India as a welfare state committed to promoting economic and social justice. It includes principles that emphasize reducing social and economic inequalities.
- Individual Rights and Fundamental Rights:
- Protection of individual rights, particularly fundamental rights, is a cornerstone of the basic structure. These rights include the right to equality, freedom of speech, right to life, and other liberties protected by the Constitution.
- Doctrine of Reasonable Classification:
- The doctrine of reasonable classification ensures that laws may classify individuals or groups based on reasonable criteria. However, classifications that are arbitrary, discriminatory, or violate fundamental rights may be considered a violation of the basic structure.
It’s important to note that the identification and interpretation of the elements of the basic structure may evolve through judicial decisions, and the judiciary retains the authority to determine what constitutes the core and immutable features of the Constitution. The concept allows for flexibility to adapt to changing societal norms and challenges while preserving the foundational principles of the Indian Constitution
