Doctrine Of Basic Structure And The Spirit Of Indian Constitution: An Analysis

MD. Bilal, LLM., Chanakya National Law University, Patna

INTRODUCTION

The Constitution makers gave the power to amend the Constitution in the hands of the Parliament by making it neither too rigid nor too flexible with a purpose that the Parliament will amend it as to cope up with the changing needs and demands of “we the people”. Article 368 of the Indian Constitution grants the Parliament the ability to change any of the Constitution's provisions, including Article 368. The 'Concept of Fundamental or basic Structure' is a judge- created doctrine that limits Parliament's amending powers such that the "basic structure of the basic law of the nation" cannot be changed in the exercise of the Constitution's "constituent authority." Indian Constitution is a dynamic document that can be amended according to the needs of society whenever required. Constitution under Article 368 grants power to the Parliament to amend whenever there is a necessity. The Article also lays down the procedure for amendment in detail. The doctrine of basic structure is nothing but a judicial innovation to ensurethat the power of amendment is not misused by Parliament. The idea is that the basic features of the Constitution of India should not be altered to an extent that the identity of the Constitution is lost in the process.

According to the Indian Constitution, the Parliament and the State Legislatures can make laws within their jurisdictions. The power to amend the Constitution is only with the Parliament and not the state legislative assemblies. However, this power of the Parliament is not absolute. The Supreme Court has the power to declare any law that it finds unconstitutional void. As per the Basic Structure Doctrine of the Indian Constitution, any amendment that tries to change the basicstructure of the constitution is invalid.