Introduction:
The Doctrine of Basic Structure, originating from the landmark Keshavananda Bharati case in 1973, asserts that certain fundamental principles of the Constitution are beyond the scope of parliamentary amendments, ensuring the integrity of the Constitution.
Body:
Evolution of the Doctrine of Basic Structure:
- Sankari Prasad Judgement (1951): Initially, Parliament’s amending powers were deemed unrestricted.
- Golak Nath v. State of Punjab (1967): Established fundamental rights’ “Transcendental Position.”
- Keshavananda Bharati Case (1973): Birth of the doctrine, permitting amendment but not alteration of the basic structure.
- Indira Gandhi v. Raj Narain and Minerva Mills v. Union of India: Applied the doctrine to annul certain amendments, safeguarding Indian democracy.
Significance of the Doctrine:
- Protecting Fundamental Rights: Guards against amendments violating fundamental rights.
- Ensuring Constitutional Stability: Prevents unchecked amendments, maintaining the Constitution’s foundational structure.
- Balancing Popular Mandate: Safeguards minority rights against majoritarian excesses.
- Judicial Review and Accountability: Enables judicial review of amendments conflicting with fundamental rights.
- Preserving Democratic Institutions: Safeguards the independence of democratic institutions from undue parliamentary influence.
Conclusion:
The Doctrine of Basic Structure plays a pivotal role in upholding constitutional principles, safeguarding democracy, and preserving the values embedded in the Indian Constitution, ensuring the stability and integrity of the democratic system.
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