Just like how important the judges are important for the courts to function, the bare acts hold importance to the lawyers, a similar significance is held by the Doctrine of basic structure to the Constitution. The term ‘basic structure’ is not explained anywhere however the idea is vividly conveyed by the constitution itself. The constitution of India is considered to be the most valuable document for the entire nation and the provisions mentioned in it are in no way, to be disregarded. So, to preserve and protect their essence, this doctrine had to come into the picture.
The major concept backing it is that the Parliament shall not be overpowered to introduce a new set of laws that would affect and alter the basic structure of the constitution. Hence the doctrine states that the parliament’s unlimited power to amend the constitution is subject to only one restriction i.e. it should not dilute or violate the basic structure of the constitution. Or the effects of the amendment should not be abrogating or disturbing in nature towards the basic structure.
about 4 months ago