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Basic structure doctrine is vague, open to interpretations of individual judges
In the quest to protect democracy from the hands of elected parliamentary representatives, it is unacceptable to place it entirely in the hands of an unelected judiciary.
Written by Aankhi Ghosh |
Updated: September 22, 2020 8:46:12 am
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The doctrine has put the judiciary in the exact position of unlimited power that it sought to prevent Parliament from occupying (Illustration)
A towering name in India’s legal history, His Holiness Kesavananda Bharati, passed away last week. His name is synonymous with the famous doctrine of basic structure propounded by the Supreme Court, which continues to be venerated by judicial minds and is recurrently applied in significant cases.
The crux of the doctrine lies in fixing the extent of amendatory powers exercised by Parliament. The doctrine holds that there are certain implied limitations on Parliament’s amending power although these are not explicitly mentioned. It was held that Parliament cannot touch certain parts of the Constitution that are fundamental to democracy, even with the consent of electoral supermajorities at the Centre and states as also by following the procedure established by law. In the absence of any certainty as to what the “basic structure” consists of and only vague parameters to deduce the same, it is left to the wisdom of the SC judges to decide upon it on a case to case basis.
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The aim of the judiciary behind propounding this doctrine was understandably to save democracy from the hands of a tyrannical few and pre-empt a dictatorial onslaught on fundamental rights. This laudable aim was defeated within two years of the judgement when Indira Gandhi pulled India into an abyss by suspending all fundamental rights. The judiciary that was expected to save democratic ideals, by applying weapons such as the doctrine of basic structure, failed the citizens completely.