The Basic Structure Doctrine in India: Evolution, Developments and Challenges

The basic structure doctrine is a great milestone in constitutional law to the effect that it is not merely a
set of legal rules but a social pact representing a nation’s essential values and identity. In the meantime, the judiciary has over time distilled the Constitution’s key principles including its supremacy, the rule of law, the power of judicial review, secularism, federalism, democracy and the separation of powers. These elements, together, constitute the immutable core of the C onstitution and guarantee that every government action (whether of the legislature, executive or judiciary) remains faithful to these fundamental principles. Its heart lies in the commitment to maintain these core values while balancing the need to mainta in constitutional flexibility with the necessity of stability. It regards judicial review as a crucial mechanism of safeguarding against abuses of power, ensuring a democratic framework. These basic features,
landmark decisions and ongoing debates have mad e clear that any attempt to erode them would be unconstitutional.
But judicial activism has been crucial to defending these principles and yet there is an ongoing debate about when courts might go too far, especially because no one defines precisely what the “basic structure” is. This ongoing discourse is an expression of the tension between the preservation of core democratic values and constitutional evolution.