File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Preserving Constitutional Integrity: An In-depth Analysis of the Doctrine of Basic Structure

As per the law that we are following now constitution is made upon certain basic structure which actually relay upon the development and progress of the country. In accordance to the controversy on whether the amendment of constitution as per Article 13(4) or Article 368 is ordinary legislative power or constitution power the term and the doctrine, thus the basic structure was developed. It was found by H R Khanna.

He is the person who explained that the Indian constitution is having certain basic structure and which cannot be amended by any of the organs. Since the world is developing there is a need for amending the constitution because the constitution restricts from achieving certain goals. Therefore, there is a necessity of amending the constitution for achieving development economically, politically and socially.

According to Blackstone, law is not most general and comprehensive sense signifies a rule of action and it applied indiscriminately to all kinds of actions whether animate or inanimate, rational or irrational. In the words of Austin a law is a rule of conduct imposed and enforced by the sovereign.

Basic structure of India applies to the constitutional amendment where parliament cannot amend or change the basic features which the supreme law of land is made on. The framers of the constitution were anxious to have a document which could grow with a growing nation, adapt itself to the changing circumstances of a growing people.

The case of Shankari Prasad v. union of India is the first case that brought the controversy that whether the amendment of the constitution is a constituent power or ordinary legislative power. In this it was told that the parliament can amend any part of the constitution except the part of fundamental rights. Therefore, in this case it was briefly explained that the constituent power who prepared the constitution has inherit power to amend them. The case Golaknath v. state of Punjab was the second case which influenced the doctrine of basic structure. In this case it was held that the parliament cannot amend the basic structure of the constitution.

Kesavanda Bharathi v. state of Kerala is a landmark case that leads to the evolution of the topic doctrine of basic structure. The case also held that the parliament cannot amend the basic structure of the Indian constitution. At last the case that concluded the controversy is Minerva mills v. union of India where the balance of Kesavanda Bharati case that the basic structure was added with fundamental rights and directive principles of state policy.

Critical Examination On Doctrine Of Basic Structure

Through the uprising of the case Kesavanda Bharati lead to conclusion that the basic structure cannot be amended. According to the current situation the amendment of the basic structure is not good because the society is taking each and every law for there need thus any law that have been already formed by the legislatives with some intention.

And thus if the basic structure is allowed to be amended then the freedom that each and every citizens or individuals are getting will be changed by on who have more power or money. The basic structure is something that balances the working of the constitution.

It also includes fundamental rights and directive principles of state policy. Since India is a democracy the basic structure allows everyone to be equal in case of caste, gender, religion, creed, sex, etc.

The major phenomenon that is constitutionalism is being saved and the right of individuals which are given to each individual will also be saved. Democracy of India means for the people, by the people, from the people which actually meant to the development and social well-being of the country. The basic structure which may support the democracy of India is allowed. The amendment that has been allowed to articles as per Article 368 is not law under Article 13(4).

Henceforth it is said every amendment are not law. The law that will give basic structure a little more vast area are allowed to be amended and later it will be considered as a law. The unwritten doctrine of basic structure should not be amended they give the common citizens the right to live with dignity and provide freedom. The basic features of the constitution have not been explicitly defined by the judiciary, and the claim of any particular feature of the constitution to be a basic feature is determined by the court in each case that comes before it.

The basic structure doctrine, evolved by the Indian supreme court, through its numerous landmark judgments over the years by bringing in that required factor of constitutionalism, which is critical to upkeep of the spirit of the constitution to preserve, protect and maintain the concept of rule of law. Henceforth the basic structure should not be amended. The unwritten doctrine of basic structure is one factor which allows the individuals to be what they are. So an amendment is not necessary for the doctrine of basic structure.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly