Question

The Supreme Court’s judgment in the case of Kesavananda Bharati v. State of Kerala (1973) is associated with which doctrine?

• A. Doctrine of Pith and Substance
• B. Doctrine of Basic Structure
• C. Doctrine of Eclipse
• D. Doctrine of Severability

Hint:

The Doctrine of Basic Structure limits the power of Parliament to amend the Constitution, ensuring that essential principles such as democracy, secularism, and the rule of law are preserved.

Answer 1

The Correct Option is B

The Supreme Court’s judgment in the case of Kesavananda Bharati v. State of Kerala (1973) is widely recognized for establishing the Doctrine of Basic Structure, which has become a fundamental principle in Indian constitutional law. This doctrine is essential for understanding the balance between the power of Parliament to amend the Constitution and the need to protect its core values.

Background of the Kesavananda Bharati Case

The case involved a challenge to the Kerala Land Reforms Act, which affected the management of property owned by Kesavananda Bharati, a religious leader. However, the case became a much broader constitutional matter when it raised the issue of whether Parliament had the power to amend the Constitution, particularly the fundamental rights and other key provisions.

The central question in the case was whether Parliament could amend any part of the Constitution, even if it affected the fundamental features or structure of the document. The Supreme Court, in a historic ruling, addressed this issue by stating that while Parliament does have the power to amend the Constitution, there is a limit to this power. Specifically, the Court declared that Parliament cannot alter the "basic structure" of the Constitution.

What is the Doctrine of Basic Structure?

The Doctrine of Basic Structure means that there are certain key principles in the Constitution that cannot be changed or amended by Parliament. These principles are considered the foundational elements or "basic structure" of the Constitution. According to this doctrine, even though Parliament can amend the Constitution, it cannot alter or destroy these essential features.

While the Supreme Court did not provide a specific, exhaustive list of the basic structure, it mentioned a few important elements. These include:

• Supremacy of the Constitution: The Constitution is the highest law of the land, and no law or action can be above it.
• Republican form of government: India is a republic, meaning the head of the state (the President) is elected and not a hereditary monarch.
• Democracy: The Constitution establishes India as a democracy, where the people elect their representatives through free and fair elections.
• Separation of powers: The Constitution ensures a separation of powers among the legislature, executive, and judiciary to maintain checks and balances.
• Federal structure: India is a federal state, with a division of powers between the central government and the states, although with a strong central government.

These are just examples, and the Court suggested that any attempt to amend or destroy these principles would violate the Constitution's basic structure. The ruling ensures that fundamental values and features of the Constitution are preserved even when the Constitution is being amended.

Other Doctrines and Clarifications

To better understand the importance of the Doctrine of Basic Structure, let's compare it with the other doctrines mentioned in the question:

• Doctrine of Pith and Substance: This doctrine is used when courts need to decide whether a law made by the state legislature falls under its jurisdiction, even if the law does not exactly match the subject matter in the Constitution. It looks at the true nature or "substance" of the law.
• Doctrine of Eclipse: This doctrine applies when a law or provision conflicts with fundamental rights. Such laws are considered 'eclipsed' or inactive but can be revived if the constitutional inconsistency is removed.
• Doctrine of Severability: This doctrine allows for the separation of unconstitutional parts of a law from the rest of the law. If one part of a law is found unconstitutional, the rest of the law can still stand if it is independent and not dependent on the invalid part.

Why is the Doctrine of Basic Structure Important?

The Doctrine of Basic Structure is extremely important because it protects the essential features of the Constitution from being altered by Parliament. It acts as a safeguard to prevent any drastic changes that might undermine the core values of the Indian state, such as democracy, the rule of law, and federalism.

In practice, this means that even though Parliament can make many changes to the Constitution (through amendments), there are limits. For example, Parliament cannot change the form of government from a republic to a monarchy or alter the democratic nature of the country.

Therefore, the Supreme Court’s judgment in Kesavananda Bharati v. State of Kerala (1973) has had a lasting impact on Indian constitutional law, ensuring that the Constitution’s core values remain protected from any arbitrary changes.