An Analysis of Basic Structure Doctrine

Basic Structure Doctrine contained in Kesavananda Bharti decision says that the "basic structure may be said to consist of the following features: (1) Supremacy of the Constitution; (2) Republican and Democratic form of Government. (3) Secular character of the Constitution; (4) Separation of powers between the Legislature, the executive and the judiciary; (5) Federal character of the Constitution. The above structure is built on the basic foundation, i.e., the dignity and freedom of the individual. This is of supreme importance. This cannot by any form of amendment be destroyed." "If the historical background, the Preamble, the entire scheme of the Constitution, the relevant provisions thereof including Article 368 are kept in mind there can be no difficulty in discerning that the following can be regarded as the basic elements of the Constitutional structure. (These cannot be catalogued but can only be illustrated). 1. The supremacy of the Constitution. 2. Republican and Democratic form of Government and sovereignty of the country. 3. Secular and federal character of the Constitution. 4. Demarcation of power between the legislature, the executive and the judiciary. 5. The dignity of the individual (secured by the various freedoms and basic rights in Part III and the mandate to build a welfare State contained in Part IV. 6. The unity and the integrity of the nation."

The basic structure doctrine has led to lack of development in Constitution with the change of times. Due to certain features being considered part of basic structure, Parliament has been stripped of its power even to bring meaningful changes if it falls foul of that doctrine.

This doctrine is itself vague. Although Supreme Court has given an indicative list, but that list is not exhaustive and therefore, with expansion of this doctrine, Parliament, and thereby, people's power itself gets stunted. 

It is also important to note that this doctrine works against the two organs of Constitution but leave Judiciary almost untouched. With the change in time, not only the provisions of Constitution need reforms, but even abandonment. 

Basic structure doctrine has failed to take into account the manner in which Constitution was framed and the way nation progresses. The demarcation of power between 3 organs which is put in the block of part of basic structure has no existence in our Constitution. When one goes through various laws, it is clear that the three organs works in tandem with each other and not in watertight compartments in silos.

Basic structure's doctrine's failure is apparent in not being able to recognise the foundation of Constitution of India and has casted slow corroding impact on its functioning. 

The startling explanation to this doctrine given in Kesavananda Bharti was this : "While any piecemeal change may be made, the old Constitution cannot be totally destroyed or so radically changed as to lose its identity". It is evident that there is nothing piecemeal, even removal of a word can destroy Constitution or can radically change identity. Little wonder, that Supreme Court is often faced with petitions where lack of compliance of its decisions are often seen. 

On an overall analysis, it would be prudent to assign a meaning to basic structure doctrine so that it fits in with the change of times to permit essential Constitutional Amendments.