The doctrine of basic structure, established by the Indian Supreme Court, limits the power of constitutional amendments by asserting that certain fundamental features of the Constitution cannot be altered or destroyed through amendments, even under Article 368 which grants Parliament the power to amend the Constitution. This doctrine, though not explicitly mentioned in the Constitution, was developed to safeguard the Constitution's core principles and foundational values from being compromised by parliamentary amendments.
Here's a more detailed explanation:
Core Principles:
The basic structure doctrine identifies certain core principles of the Constitution that are considered inviolable. These include the supremacy of the Constitution, the rule of law, separation of powers, judicial review, federalism, secularism, and parliamentary democracy.
Limitation on Amending Power:
While the Constitution allows Parliament to amend its provisions, the basic structure doctrine restricts this power by preventing amendments that would fundamentally alter or destroy these core features.
Judicial Review:
The Supreme Court has the power to review constitutional amendments and determine whether they affect the basic structure. If an amendment is found to violate the basic structure, it can be declared unconstitutional.
Safeguarding Democracy:
The doctrine acts as a safeguard against potential authoritarian tendencies by preventing the Parliament from undermining democratic institutions or constitutional norms through amendments.
Ensuring Stability:
By limiting the scope of amendments, the doctrine helps maintain the stability and consistency of the legal system by preventing radical or frequent changes to the Constitution.
Protecting Fundamental Rights:
The doctrine also plays a crucial role in protecting fundamental rights from being infringed upon by amendments, thereby promoting individual liberties and social justice.
The doctrine of basic structure, established by the Indian Supreme Court, limits the power of constitutional amendments by stating that certain fundamental features of the Constitution cannot be altered or destroyed through amendments. This means while Parliament can amend the Constitution under Article 368, it cannot touch the core, unamendable elements that define the Constitution's identity and foundational principles.
The concept of the basic structure came when the Indira Gandhi was amending the continuation rapidly and it apprehend that the constitution would be changed fully.
In kesvanand bharti case the supreme court introduced the concept the basic structure of the constitution, which means that you can amend the constitution but not the basic structure of it.
Than the arose that which articles are the basic structure, the court said that it will be decided in future from the cases and amended facts.
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