DR. SANCHITA RAY & SHIVANI JOHRI

ASSISTANT PROFESSORS FROM SHARDA UNIVERSITY

ABSTRACT

Constitution is a living document. It is involved in continuous process of evaluation, reformation and recreating the existing system of governance by eminent scholar, experts and judges etc. No constitution can remain static forever as it is important to respond to new challenge and take into account unanticipated and unforeseen events which were not within the contemplation of the framers of the constitution. Constitution requires amendments from time to time according to changing circumstances.

Now bringing amendment to the constitutional provisions was an easy process before Keshavnanda Bharati’s case because there was no implied or express limitation on its amending power exercised under the constitution. But in Keshavnanda Bharati’s case uncontrolled power of the parliament has been controlled and curtailed by the doctrine of basic structure The basic structure doctrine is merely a legal innovation designed to prevent Parliament from abusing its amendment power.

Through this basic principle the Supreme Court changed the course of Constitutional history by denying the assertion of supremacy of Parliament in the matter of amending the Constitution at solely on the basis of requisite voting strength, quite unmindful of the basic or fundamental rights of citizens.

The basic structure doctrine is one of the fundamental judicial principles connected with Indian constitution. The doctrine of basic structure holds that there is a basic structure to IndianConstitution and Parliament of India cannot amend the basic features. The idea is that basic featuresof the constitution of India should not be altered to an extent that the identity of the constitution is lost in the process.

The common criticism of the doctrine is that the doctrine has no basis in the Constitution’s language.The doctrine does not have a textual basis. There is no provision stipulating that this Constitution has a basic structure and that this structure is beyond the competence of amending power Thisarticle focusses on the evolution and development of the doctrine of basic structure and provides insights into the applicability of the doctrine in contemporary world.

KEYWORDS-Doctrine of basic structure, Keshavnanda Bharti’s case, Constitution of India