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Let’s Debate Basic Structure
Context:
For a democratic country, the political system should be able to adapt the Constitution to challenging times. Also a sovereign nation must shape its future independently, free from external 'universal' values, as debates resurface around concepts like 'Basic Structure Doctrine'.
What is Basic structure doctrine?
- Basic Structure Doctrine (Kesavananda Bharati) limits altering Constitution's core via amendments, expanding restricted executive domain, impacting democracy's efficacy.
- Doctrine's undefined basic features accumulate through case-by-case judgments, binding executive action, fostering "cheap talk" political culture, undermining action.
- Nehru's First Amendment example underscores constitutional adaptability; Article 368 outlines parliamentary constituent power within stipulated procedures.
The Debate around Basic structure doctrine
- The Rajya Sabha debate on Delhi Government's authority over services raises federal balance concerns, impacting 'Basic Structure Doctrine'.
- Implications on fundamental rights, amendability, and judicial authority arise, notably for Article 370 hearings on Jammu and Kashmir.
- Revisiting 1951's First Amendment debates, relevance of Article 21, Article 368, and reevaluation of the politicized Basic Structure Doctrine urged.
India’s Constitutional balance
- India's political system balances an active judiciary and empowered legislature, maintaining democracy's resilience through separation of powers.
- "Cancel culture" stifles debate, hindering justice and democratic progress; Nehru's vision emphasizes the importance of an autonomous Parliament.
- The Basic Structure Doctrine, likened to a "Pole Star" by Chief Justice Chandrachud, guides navigation in turbulent times for effective governance.
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