Basic Structure Theory | Constitutional Law - CLAT PG PDF Download

Introduction

•  Basic Structure Theory  emerged from the need to balance parliamentary powers with the core principles of the Constitution.
• The theory ensures that while the Parliament can amend the Constitution, it cannot alter its fundamental framework.
• Over time, through various landmark judgments, the judiciary has clarified and expanded upon what constitutes the  basic structure  .

 Origin and Evolution 

• The concept was first articulated in the  Keshavananda Bharati case  , where the Supreme Court ruled that while Parliament has wide amending powers, it cannot destroy the Constitution's basic structure.
• This was a response to earlier cases like  Golak Nath  , where the Court had placed fundamental rights beyond parliamentary reach.
• Subsequent cases, such as  Indira Gandhi v. Raj Narain  and  Minerva Mills  , further refined the doctrine, emphasizing the importance of democratic principles and the rule of law.

 Key Features and Principles 

• The  basic structure  includes principles like  supremacy of the Constitution  ,  secularism  ,  separation of powers  , and  federalism  .
•  Judicial review  is also considered a basic feature, ensuring that laws and amendments align with these core principles.
• The judiciary plays a crucial role in interpreting and upholding the basic structure, often through detailed analysis of the Constitution's preamble and historical context.

 Judicial Review and Legislative Amendments 

•  Judicial Review  allows the Supreme Court to invalidate laws that violate the Constitution.
• Article  368  gives the impression of absolute parliamentary power to amend the Constitution, but the Court has set limits to protect the basic structure.
• The  24th Amendment  and the  42nd Amendment  were attempts to expand parliamentary powers, but the Supreme Court maintained its stance on basic structure.

 Significance of Basic Structure 

• Basic Structure ensures that the Constitution remains relevant and adaptable to changing societal needs while preserving its core values.
• The judiciary's role in interpreting and expanding the basic structure is vital to maintaining the balance between parliamentary authority and constitutional integrity.

 Recent Developments 

• In recent years, the basic structure doctrine has continued to evolve, addressing contemporary issues while safeguarding the Constitution's foundational principles.
• The judiciary remains vigilant in ensuring that amendments and laws align with the basic structure, reflecting the dynamic nature of Indian democracy.

 Schedules 

Schedules in the Constitution of India are lists that categorize and tabulate bureaucratic activities and government policies. Originally, there were eight schedules in the Indian Constitution. The Ninth Schedule was added through the First Amendment Act, and the Tenth Schedule was initially introduced by the 35th Amendment concerning Sikkim's status as an Associate State. After Sikkim became a full state, the Tenth Schedule was repealed but was later reintroduced by the 52nd Amendment Act in 1985, focusing on the "Anti-defection" law. Here’s a brief overview of the schedules in the Indian Constitution:

 First Schedule 

• Lists the states and territories of India, including any changes to their borders and the laws governing those changes.

 Second Schedule 

• Specifies the emoluments for holders of constitutional offices, such as the salaries of the President, Vice President, Ministers, Judges, and the Comptroller and Auditor-General of India.

 Third Schedule 

• Contains the various forms of oath for holders of different constitutional offices.

 Fourth Schedule 

• Enumerates the allocation of Rajya Sabha seats to States and Union Territories.

 Fifth Schedule 

• Details the administration and control of Scheduled Areas and Scheduled Tribes, which require special protection due to their disadvantaged conditions.
  •  Scheduled Areas  : Autonomous regions within a state, federally administered, often populated by a predominant Scheduled Tribe.
  •  Scheduled Tribes  : Indigenous groups identified in the Constitution, facing socioeconomic challenges.

 Sixth Schedule 

• Contains provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.

 Seventh Schedule 

• Divides subjects on which the Union and State governments can make laws into the Union List, State List, and Concurrent List.

 Eighth Schedule 

• Lists the official languages of the Union.

 Ninth Schedule 

• Enumerates land and tenure reforms, including the accession of Sikkim to India.

 Tenth Schedule 

• Contains anti-defection provisions for Members of Parliament and Members of State Legislatures.

 Eleventh Schedule 

• Added by the 73rd Amendment, lists subjects under the Panchayat Raj institutions or rural local government.

 Twelfth Schedule 

• Added by the 74th Amendment, enumerates subjects under Municipalities or urban local government.

 Review of Working of Constitution 

• After over sixty years of  Parliamentary democracy  in India, people have started losing faith in it as it has become synonymous with  elections only  . The victim of democracy is the  politics  . If in India, people are asked to vote for an institution that has maintained some level of  integrity  they would vote for the  Supreme Court  ,  Election Commission  or to the  Comptroller and Auditor General of India  . Their last preference would be either  Parliament  or  State Assemblies  .

 History of Indian Constitution 

• The Indian Constitution was adopted on  26 November 1949  and came into effect on  26 January 1950  , a date chosen to honor the  Indian National Congress  and  the Declaration of Independence  .
• The Constitution was largely influenced by the  British parliamentary system  , the  American Bill of Rights  , the  Irish Constitution  , and the  French Constitution  .
• Dr.  B.R. Ambedkar  , the chief architect of the Constitution, is often referred to as the "Father of the Constitution".
• The Constitution has been amended numerous times, with the  42nd Amendment  in 1976 being one of the most significant, as it aimed to strengthen the power of the central government.

 Basic Structure 

• The Constitution of India is designed to be both  rigid  and  flexible  , allowing for amendments while maintaining core principles.
• The  Basic Structure doctrine  was established by the  Supreme Court of India  in the landmark case of  Keshavananda Bharati v. State of Kerala  in 1973, which ruled that while Parliament has the power to amend the Constitution, it cannot alter the fundamental framework.
• The  Basic Structure  includes key features such as  federalism  ,  separation of powers  , and  judicial independence  , which cannot be changed by amendments.
• This doctrine has been upheld in various Supreme Court judgments, ensuring the Constitution's core values remain intact while allowing for necessary changes.

 Key Features of the Constitution 

•  Fundamental Rights  : These are basic human rights guaranteed to all individuals, such as the right to equality, freedom of speech, and protection against discrimination. They are justiciable, meaning individuals can approach the courts if these rights are violated.
•  Directive Principles of State Policy  : These are guidelines for the government to ensure social and economic justice. Although they are non-justiciable (cannot be enforced by courts), they are crucial for governance.
•  Fundamental Duties  : Introduced by the 42nd Amendment, these duties are expected to be followed by all citizens, such as promoting harmony and preserving the environment.
•  Amendment Process  : The Constitution can be amended through a detailed process, ensuring that changes reflect the democratic will while preserving the Constitution's integrity.

 Constitutional Amendments 

• The Indian Constitution has been amended  110  times since its adoption in  1950  , reflecting the changing needs and aspirations of society.
• Amendments can be  proposed by  either house of Parliament and must be  ratified by  at least half of the state legislatures.
• Some key amendments include:
  •  First Amendment (1951)  : Strengthened the government’s power to impose restrictions on Fundamental Rights.
  •  42nd Amendment (1976)  : Enacted during the Emergency, it aimed to curb judicial review and increase the government’s power.
  •  73rd and 74th Amendments (1992)  : Strengthened the role of local self-governments.

 Working of the Constitution 

• The Constitution's  Basic Structure  has been vital in maintaining the balance of power between  Parliament  and the  Supreme Court  , as seen in cases like  Kesavananda Bharati  and  Minerva Mills  .
• The  Supreme Court  and  High Courts  play a crucial role in upholding the Constitution, protecting  Fundamental Rights  , and ensuring the balance of power through  judicial review  .
• The balance of power among the  Executive  ,  Legislature  , and  Judiciary  is maintained, with each branch having distinct roles but also overlapping powers to prevent abuse.
• The Constitution adapts to changing societal needs through  amendments  and judicial interpretations, ensuring its relevance over time.