The Basic Structure Doctrine (BSD), a judicial innovation of
the Supreme Court, stands as a bulwark against parliamentary omnipotence,
ensuring the Indian Constitution's inviolable essence remains intact.
Crystallized in the seminal Kesavananda Bharati v. State of Kerala (1973), it
posits that while Parliament can amend the Constitution under Article 368, it
cannot alter its "basic structure"—a nebulous yet profound set of
features including democracy, secularism, federalism, and judicial review.
The doctrine's genesis traces to the Golaknath v. State of
Punjab (1967) case, where the Court ruled Fundamental Rights unamendable,
sparking a constitutional crisis. Parliament retaliated with the 24th Amendment
(1971), affirming unlimited amendment powers. This set the stage for
Kesavananda, where a 13-judge bench, by a razor-thin 7-6 majority, upheld
amendability but introduced BSD. Justice K.S. Hegde's opinion listed supremacy
of the Constitution, republican and democratic form, separation of powers, and
more as sacrosanct.
BSD's salience shone in subsequent battles. The 42nd
Amendment (1976), enacted during the Emergency, sought to exalt Directive
Principles over Fundamental Rights and curtail judicial review—deemed an
assault on basic structure in Minerva Mills v. Union of India (1980). The Court
invalidated key clauses, reinforcing harmony between rights and directives.
Similarly, in the 1992 SC/ST reservations case (Indra Sawhney), BSD curbed
indefinite extensions, balancing equality with efficiency.
Critics argue BSD is undemocratic, vesting unelected judges
with veto power, potentially stifling reforms. Proponents counter that it
prevents "constitutional cannibalism," as Justice H.R. Khanna noted,
preserving the document's identity amid populist excesses.
In modern contexts, BSD has addressed electoral bonds
(struck down in 2024 for anonymity undermining transparency) and abrogation of
Article 370 (upheld in 2023 as not altering federalism's core). As India
navigates polarization, BSD ensures amendments serve evolution, not erosion.