It is said that basic structure of the constitution is a myth. Explain with the help of post-1973…

Question

It is said that basic structure of the constitution is a myth. Explain with the help of post-1973 Constitutional Amendments.

Ghissu Editorial · Accepted Answer

The basic structure is not a myth but a working judicial check: the 42nd Amendment's bar on review was reversed by the 43rd and 44th Amendments and struck down in Minerva Mills (1980). Courts also voided the NJAC amendment in 2015, while allowing changes like the 73rd and GST amendments.

**Introduction**

The Kesavananda Bharati case⟦2⟧⟦1⟧ (1973) introduced the basic structure doctrine, limiting Parliament’s power to amend fundamental constitutional features. Post-1973 amendments, especially during the Emergency, tested this doctrine’s strength and flexibility, raising questions about its practical efficacy.

**Judicial Safeguards and Institutional Design**

1. **Basic Structure Doctrine as a Judicial Check**: The Supreme Court ruled that Parliament cannot alter democracy, secularism, federalism, separation of powers, or judicial independence, preserving constitutional identity and preventing authoritarian misuse of amending power.

2. **42nd Amendment’s Challenge to Basic Structure**: The 42nd Amendment (1976) curtailed judicial review, amended over 50 articles including the Preamble and Seventh Schedule, and sought to nullify the basic structure doctrine, asserting parliamentary supremacy during the Emergency.

**Implementation Challenges and Constitutional Outcomes**

4. **Ambiguity in Defining Basic Structure**: The Supreme Court’s lack of an exhaustive list creates fluidity, leading to debates on whether the doctrine is a myth or a flexible safeguard. This ambiguity allows judicial interpretation to evolve with political contexts.

**Way Forward**

5. **Clearer Judicial Guidelines and Dialogue**: The Court should clarify basic structure features to reduce uncertainty. Institutional dialogue between Parliament and judiciary can balance amendment powers and constitutional safeguards, preventing confrontations like those during the Emergency.

6. **Strengthening Federalism in Telangana**: ==Telangana’s statehood and local governance reforms== underscore the need to protect federal principles within the basic structure, ensuring amendments respect regional autonomy and democratic decentralization.

**Conclusion**

Post-1973 amendments reveal the doctrine as a dynamic tool balancing constitutional preservation and necessary evolution, not a myth. The Emergency-era challenges and subsequent corrections demonstrate its continuing institutional relevance.

రాజ్యాంగం యొక్క ప్రాథమిక నిర్మాణం (basic structure) ఒక అపోహ అని చెప్పబడింది. 1973 అనంతర రాజ్యాంగ సవరణల సహాయంతో వివరించండి.

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