Mains Marathon

Approach

• Briefly introduce the Basic Structure Doctrine (BSD) in the given context.
• Explain How BSD Upholds Constitutional Morality.
• Describe how BSD safeguards foundational principles of the Constitution.
• Conclude with a scholarly remark.

Introduction

A Constitution is more than a legal document; it embodies the moral and philosophical framework of a nation. The constitution must protect its essential features to truly function as a charter of liberty. In India, this function is performed by the Basic Structure Doctrine (BSD), a judicial innovation developed by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973).

Body

Understanding the Basic Structure Doctrine

• The BSD holds that while Parliament can amend the Constitution under Article 368, it cannot alter its basic structure.
• This includes elements such as the supremacy of the Constitution, the rule of law, secularism, democracy, federalism, judicial review, and fundamental rights.
• These elements are considered inviolable, even by constitutional amendment.
• It thus acts as a constitutional bulwark against majoritarian impulses and executive overreach.

Upholding Constitutional Morality

Constitutional morality refers to adherence to the core values and spirit of the Constitution, beyond the letter of the law. The BSD upholds constitutional morality by:

• Preventing arbitrary amendments aimed at undermining democratic values.
• Maintaining the balance of power between the organs of the state.
• Ensuring that the Constitution remains a normative document, not just a tool in the hands of a political majority.

Safeguarding Foundational Principles

The judiciary has consistently invoked the BSD to safeguard the Constitution’s foundational principles:

• Minerva Mills v. Union of India (1980): Declared that limited amending power itself is part of the basic structure and restored the balance between Fundamental Rights and Directive Principles.
• S.R. Bommai v. Union of India (1994): Recognized secularism as a basic feature and limited misuse of Article 356 (President’s Rule).
• I.R. Coelho v. State of Tamil Nadu (2007): Held that even laws placed under the Ninth Schedule are subject to basic structure scrutiny.
• NJAC Case (2015): Struck down the 99th Constitutional Amendment, asserting judicial independence as an essential part of the Constitution’s core.

Conclusion

The Basic Structure Doctrine acts as the constitutional conscience by safeguarding the foundational principles and constitutional morality, it prevents both legislative authoritarianism and majoritarian excesses.

In the words of legal scholar Upendra Baxi,“Without the basic structure, we end up with constitutions without constitutionalism.” Through this doctrine, India’s Constitution is not just a statute—it is a living charter of liberty, sustained by its moral core and judicial vigilance.