What is Doctrine of Basic Structure of the Constitution?

• Vice President recently sparked a debate on the separation of powers between the executive and the judiciary.
• He criticised the SC once again, for using the doctrine of basic structure to strike down the constitutional amendment that introduced the National Judicial Appointments Commission Act.

Kesavananda Bharati

• About: A monk from Adi Shankaracharya’s tradition
• Birth: Born in 1940
• Belief: A proponent of the Smartha tradition of Advaita Vedanta.
• Art & culture: He was known to be a patron of Hindustani and Carnatic music as well as Yakshagana, a folk theatre form popular in Karnataka & Kerala.

Challenging land reforms

• Challenged the 1969 Land Reforms: Under the reforms, his Mutt lost a large chunk of its property, which contributed to its financial woes.
• Argument Kesavanandas Bharati: He said that this action violated his fundamental rights – in particular, under Article 25, 26 & 31
• SC ruling: SC concluded that the Constitution’s ‘basic structure’ is inviolable and cannot be altered by the Parliament - Doctrine of basic structure.

Basic structure doctrine

• About: A form of judicial review that is used to test the legality of any legislation by the courts.
• Evolution: It evolved by the SC in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala.
• Meaning: If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional.

Major features of basic structure:

• Supremacy of the Constitution;
• Republican and Democratic form of Government.
• Secular character of the Constitution;
• Separation of powers between Legislature, executive & judiciary;
• Federal character of the Constitution.

Criticism of the doctrine

• Judiciary encroaching on the Parliament’s powers: By implementing the Basic structure Doctrine, it is said that judiciary is interfering with the Parliament’s powers.
• Unbridled power of “unelected judges”: Striking down amendments on the basis of this doctrine is “anti-democratic and counter-majoritarian.”

Prelims Takeaway

• National Judicial Appointments Commission
• Doctrine of basic structure