Constitution Of India And Doctrine Of Basic Structure: An Overview

Abstract

If I find the constitution being misused, I shall be the first to burn it.                                                                           …………………………………         Dr. Babasaheb Ambedkar

The Constitution of India is a supreme, special, legal document which gives clear roadmap to all three organs of the government in Centre and State to perform the its duties and functions within its sphere. No organ of the government is supreme. All three organs of the government should work within the boundary of the Constitution. There must be an express provision under the Constitution to consider, the validity of the actions of the individual organ as well as to justify their orders. But, when there is a gap in Constitutional law to check the unjustified actions of the government, then judiciary can evolve or invent some doctrine to uphold the constitutional supremacy. The doctrine of basic structure of the Constitution has become very controversial principle and ambiguous one. This doctrine does not have a textual basis. There is no provision stipulating that the Constitution has a basic structure and this structure is beyond the competence of amending power. Moreover, not having its origin in the text of the Constitution, the concept of the “basic structure of the Constitution” cannot be defined. However the Subject matter of Basic Structure becomes very fruitful not only to maintain national unity and integrity of India but also it become very helpful to maintain internal healthy atmosphere within the entire territory of India.

The Constitution makers gave the power to amend the Constitution in the hands of the Parliament by making it neither too rigid nor too flexible with a purpose that the Parliament will amend it as to cope up with the changing needs. The Parliament in exercise of its constituent power under Article 368 of the Indian Constitution can amend any of the provisions of the Constitution and this power empowers the Parliament to amend even Article 368 itself. The “Doctrine of Basic Structure” is a judge-made doctrine to put a limitation on the amending powers of the Parliament so that the “basic structure of the basic law of the land” cannot be amended in exercise of its “constituent power” under the Constitution. So the question arises, is not there any limitation on the amending powers of the Parliament? If the answer of this question is not in affirmative with a reason that the Constitution makers did not intend for such limitation otherwise they would have provided for such limitation in the Constitution, then another question arises to what extent can the Parliament amend the basic law of the land? And, if there will be no limitation on the amending power of the Parliament, then there is chances that this power of amendment in the name of “constituent power” can be abused.