What is Doctrine of Basic Structure of the Constitution?

• It is fairly well-known that parliamentary legislation is subject to two limitations under the Constitution of India.

Limitations of parliamentary legislation

• Article 13: Under it, laws inconsistent with or in derogation of fundamental rights are void.
• ‘Basic structure’ doctrine: No amendment to the Constitution should have the effect of destroying any of its basic features

Criticism of ‘Basic structure’ doctrine

• Usurped parliamentary sovereignty: It goes against the democratic imperative that the elected legislature should reign supreme.

Case in favour of ‘Basic structure’ doctrine

• On Parliamentary sovereignty : Parliament is sovereign in its domain, but it is still bound by the limitations imposed by the Constitution.
• Helped save the Constitution: It protected Constitution from being undermined through the misuse of parliamentary majority.
• Ensuring some fundamental features of Constitution are not legislated out of existence: Parliamentary majority is transient but essential features of Constitution ought to be perennially protected from legislative excess.

Conclusion

• It may be open to a new Constituent Assembly to come up with another constitution that changes these fundamental concepts, but a legislature formed under the current Constitution cannot be allowed to change its core identity.