Why the Basic Structure Doctrine is Making Headlines Again
The 23rd Law Commission has finalized its significant view that the proposed simultaneous elections Bills do not disturb the basic structure of the Constitution, particularly concerning federalism and voting rights. This development comes ahead of the Commission's scheduled briefing before the Joint Committee of Parliament on December 4 regarding the 'One Nation, One Election' proposal.
The Commission concluded that these Bills do not necessitate ratification by the states. This is because they do not propose amendments to the subjects outlined in Article 368 (2), clauses (a) to (e), which are the specific areas requiring state approval. Furthermore, the Commission found no requirement to grant statutory recognition to the Model Code of Conduct.
Understanding the Pillar of Indian Democracy: The Basic Structure Doctrine
The Doctrine of Basic Structure is a powerful form of judicial review used by Indian courts to test the legality of any legislation. It acts as a crucial check on Parliament's power, preventing it from altering the fundamental features of the Constitution. This legal principle finds its origins in the post-war German Constitution, which was amended after the Nazi regime to protect certain basic laws from being easily changed.
The doctrine was firmly established in Indian jurisprudence through the landmark 1973 Supreme Court case, Kesavananda Bharati v. State of Kerala. In a historic and closely contested 7-6 verdict, a 13-judge Constitution Bench ruled that the 'basic structure' of the Constitution is inviolable and cannot be amended by Parliament.
If any law or constitutional amendment is found to 'damage or destroy' these basic features, the Court has the authority to declare it unconstitutional. This test serves as a vital safeguard against majoritarian impulses, ensuring that the core ideals of the Constitution remain intact.
What Constitutes the 'Basic Structure'?
While the Supreme Court has not provided an exhaustive list, the 'basic structure' has been interpreted to include several fundamental principles, such as:
- The supremacy of the Constitution
- The rule of law
- Independence of the judiciary
- Doctrine of separation of powers
- Federalism
- Secularism
- Sovereign democratic republic
- The parliamentary system of government
- The principle of free and fair elections
- The concept of a welfare state
On the occasion of Constitution Day 2025, former Supreme Court judge Justice Abhay S Oka emphasized the doctrine's global significance, stating it is 'one theory that makes democracy in India superior to that of many other democracies worldwide.'
The Context: One Nation, One Election
The concept of simultaneous elections, or 'One Nation, One Election', proposes holding elections for the Lok Sabha, all state Legislative Assemblies, and local bodies (municipalities and panchayats) at the same time.
A high-level committee headed by former President Ram Nath Kovind has recommended this shift, suggesting 15 amendments to the Constitution to facilitate the process. It is important to note that simultaneous elections are not a new concept in India. The country held such combined elections from its first general election until the fourth general elections in 1967. The cycle was broken due to the frequent use of constitutional provisions to dismiss state governments and the instability of coalition governments.
Key Institutions and Concepts for UPSC Aspirants
The 23rd Law Commission: The Union government established this commission for a three-year term (September 1, 2024, to August 31, 2027) with a mandate to identify obsolete laws. It is chaired by Justice (Retd.) Dinesh Maheshwari.
Constitutional Amendment: This is the formal process for changing the Indian Constitution, detailed in Part XX (Article 368). Generally, a Bill must be passed by each House of Parliament with a special majority.
State Ratification: Certain amendments, particularly those affecting centre-state relations (like changes to the Seventh Schedule or state representation in Parliament), require ratification by at least half of the state legislatures.
Joint Committee of Parliament (JPC): This is a special committee with members from both Houses, formed for a specific purpose like scrutinizing a Bill, and is dissolved once its task is complete.
For UPSC aspirants, a firm grasp of the Basic Structure Doctrine is non-negotiable. Its relevance is highlighted by its appearance in both Prelims and Mains questions, making it a cornerstone topic for the examination.
