April 24, 1973 was a historic day in the history of the Constitution of India. It was on this day that the Supreme Court of India, through its path-breaking judgment in the Kesavananda Bharati case, established that Parliament does not have unfettered power to amend the Constitution. Known as the ‘basic structure’ doctrine, the verdict stated that there are certain fundamental features -- democracy, secularism, federalism, sovereignty of the nation, the rule of law, securing individual freedom, etc. -- that are beyond the scope of alteration by the supreme law-making body, the Parliament.
The RSS and other Sangh Parivar offshoots couldn’t digest and accept the Constitution as adopted by the Constituent Assembly. They considered it as nothing but a ‘copy and paste’ work, to use a modern terminology, from constitutions of different western countries. They found it lacking as it had not followed Manusmriti or similar texts of ancient India. Their objection to the Constitution had found its ex
However, it is the ‘unadulterated stand of the Supreme Court’, which finds its unambiguous ex
The apex court, it seems, had realised the danger of a government with brute majority amending the Constitution to the extend of jeopardizing its socialist, secular, democratic, federal principles that form its basic character. The Kesavananda Bharati judgement made it impossible for any government to bring in amendments that would alter the ‘basic structure.’ In the 50 years after the historic verdict, though judges of all hues have come and gone in the Supreme Court, the basic structure doctrine has survived. However, it is also true that the governments have brought in laws that pose challenge to some of the principles enunciated in the basic structure doctrine as we have seen in the Citizenship Amendment Act or the abrogation of Article 370. These challenges are yet to undergo the ‘litmus test’ in the highest court of the land. The fact that the Supreme Court has created a dedicated web page on the verdict to mark the 50th anniversary of the landmark judgment shows its commitment to stick to it.