Malcolm Rivera
The Basic Structure Doctrine is a principle in Indian constitutional law that protects the constitution's core principles and features from amendment or alteration by parliament. It is not explicitly mentioned in the constitution and has faced criticism for that reason. However, it has been instrumental in safeguarding constitutional integrity and protecting fundamental principles. The doctrine ensures that the foundational principles of the constitution remain intact while allowing for evolution through amendments. It also strengthens democracy by delineating a true separation of powers, with an independent judiciary.
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What You'll Learn
The Basic Structure Doctrine limits Parliament's power to make drastic amendments
The Basic Structure Doctrine is a common law legal doctrine that asserts that a sovereign state's constitution has certain fundamental characteristics that its legislature cannot erase. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s, culminating in Kesavananda Bharati v. State of Kerala, where it was formally adopted.
The Basic Structure Doctrine holds that while Parliament has the power to amend the constitution, it cannot dilute or violate the constitution's basic structure or core values such as secularism and federalism. In other words, Parliament cannot use its limited amending power to acquire the right to repeal or abrogate the Constitution or destroy its basic features. This doctrine acts as a limitation on Parliament's constituent power, preventing the unlimited power of Parliament from potentially turning India into a totalitarian state.
The doctrine has been criticised for lacking a textual basis in the Constitution and for being ambiguous in its exact definition. However, supporters argue that it strengthens democracy by ensuring a true separation of powers, with an independent judiciary, and by providing basic rights to citizens that cannot be overruled by any organ of the state.
The Basic Structure Doctrine has been invoked in several significant cases, including Indira Nehru Gandhi, Minerva Mills, Waman Rao, and I.R. Coelho, where it played a crucial role in upholding the essence of the Constitution and limiting Parliament's power to make drastic amendments. The doctrine's recognition in these cases demonstrates its importance in safeguarding the fundamental principles and values enshrined in the Constitution.
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It safeguards individual liberties and promotes social justice
The Constitution of the United States is a document that safeguards individual liberties and promotes social justice. The preamble sets the tone for the Constitution, outlining the intentions of its creators and its purpose. While it does not define government powers or individual rights, it does introduce the document as the highest law of the land. The preamble includes the objective to "establish Justice", which is a key aspect of promoting social justice and safeguarding individual liberties.
The Ninth Amendment of the Constitution is another example of how the document safeguards individual liberties. It states that just because a right is not specifically mentioned in the Constitution, it does not mean that people do not have that right. This amendment ensures that the interpretation of the Constitution can evolve and adapt to new situations and circumstances, allowing for a flexible understanding of rights.
The Constitution also promotes social justice through its interpretation and application. For example, Franklin D. Roosevelt's administration restored the American Government's constitutional function of promoting the general welfare. This included addressing unemployment and providing for the dependent elderly, which was upheld by the Supreme Court as a valid exercise of the general welfare clause. The Constitution was interpreted to allow for the drafting of property resources to address these social issues, demonstrating how the document can be used to promote social justice.
Additionally, the Social Security program, which provides insurance against illness, invalidity, unemployment, and old age, has been constitutionally upheld. This program also aimed to improve the condition of labour by supporting higher wage levels, ensuring workers' rights, and promoting their economic power.
Overall, the Constitution of the United States serves as a foundation for safeguarding individual liberties and promoting social justice. Through its interpretation and application, the Constitution has been used to address social issues, provide social security, and protect the rights and dignity of individuals.
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It strengthens democracy by separating powers
The basic structure of the Constitution strengthens democracy by separating powers through the doctrine of separation of powers. This doctrine divides the federal government's powers between three separate branches of government: the legislative branch, the executive branch, and the judicial branch. This separation of powers prevents tyranny from a single branch, promotes effective governance, and safeguards citizens' liberties. Each branch has distinct roles and responsibilities, allowing for efficient and specialised action.
The legislative branch, or Congress, holds the power to create laws and is responsible for representing the people's interests in the law-making process. The executive branch, led by a single president, is tasked with executing and enforcing the laws created by the legislative branch. Finally, the judicial branch, headed by the Supreme Court, interprets the laws, ensuring they are applied fairly and resolving disputes that arise.
The separation of powers allows each branch to check and balance the actions of the others, preventing any one branch from holding too much power. This system of checks and balances is a key feature of democracy, as it ensures that no single person or group has absolute authority, protecting citizens from potential abuses of power. It also promotes transparency and accountability in governance, as each branch must adhere to the Constitution, the supreme law of the land.
The Framers of the Constitution, influenced by the writings of scholars such as Montesquieu, intentionally crafted this structure to address the concerns of the Founding generation regarding the potential threats posed by a powerful central government. They aimed to create a strong national government while also protecting the liberties of the American people, including the right to self-governance and natural rights. This balance between a powerful government and individual freedoms is a fundamental aspect of democracy, and the separation of powers plays a crucial role in maintaining this equilibrium.
In conclusion, the basic structure of the Constitution, with its separation of powers, strengthens democracy by distributing political power across three distinct branches. This division of powers enables efficient governance, safeguards citizens' rights, and prevents any one branch from dominating, thereby upholding the democratic ideals of liberty, representation, and accountability.
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It protects democratic values as 'basic features'
The basic structure of a constitution is designed to protect democratic values and fundamental rights. This includes the protection of "negative liberty", or freedom from oppressive government action, and the right of citizens to participate in the government. The constitution's structural complexity serves to protect basic negative freedoms and prevent despotism.
Constitutional democracy requires informed and effective participation by citizens who understand and are committed to its fundamental principles and values, as well as familiarity with its political processes. Citizens should have knowledge of history, geography, and basic political ideas to effectively participate in a democracy.
The constitution also structures and limits the powers of the government. It provides for the protection of certain fundamental rights, such as life, liberty, and property, as well as social and economic rights like employment, health care, and education. The constitution ensures that the transfer of governmental authority is accomplished in a peaceful and orderly process through elections.
The First Amendment, for example, protects speech that criticizes the government and encourages the exchange of information and ideas necessary for citizens to shape public opinion and participate in the electoral process. The interpretation of constitutional provisions can evolve over time, as seen in the case of Brown v. Board of Education, where the Equal Protection Clause was reinterpreted to prohibit racial segregation.
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It is criticised for its lack of constitutional basis
The Basic Structure Doctrine, introduced by the Kesavananda Bharati judgment, limited the Indian Parliament's power to make amendments that may affect the core values enshrined in the Constitution, such as secularism and federalism. While this doctrine has been praised for strengthening Indian democracy and retaining the basic tenets of the Constitution, it has also faced criticism for lacking a constitutional basis.
One common criticism of the Basic Structure Doctrine is that it has no basis in the Constitution's language or text. There is no explicit provision in the Constitution stating that it possesses a basic structure beyond the competence of amending power. The doctrine is seen by some as granting the judiciary the power to impose its philosophy over a democratically elected government, leading to concerns about judicial overreach. The ambiguity of the doctrine, with no definite elucidation on what constitutes the basic structure, further adds to the critiques.
In defence of the doctrine, it is argued that it prevents the ruling majority from damaging the essence of the Constitution and limits the constituent power. The Indian democracy is strengthened by a true separation of powers, with an independent judiciary acting as a check on the legislative and executive branches. The dynamic nature of the doctrine allows for progressiveness and adaptability over time.
Critics of democratic constitutions often argue that they impede majority rule and foster negative aspects such as individualism, greed, inequality, and corruption. They claim that such constitutions are insufficiently protective of rights and are founded on exploitation and slavery. Additionally, critics assert that democratic constitutions are excessively rigid, allowing the past to govern the present.
While these criticisms highlight certain limitations, it is important to recognise that the success of democratic representation also relies on citizens' capacity to make informed choices about their representatives. The endurance of the Constitution is attributed to the American people's commitment to democratic self-government, even amidst conflicting interests and beliefs.
Other sources discuss various aspects of democratic constitutions and criticisms but do not directly address the lack of constitutional basis.
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