Constitutional Law: Doctrine of Basic Structure - When Can It Be Applied?
constitutional clat_pg advanced pyq_discussionConsider this question from AILET PG 2021: "A parliamentary bill providing for the nationalisation of a major river is passed by both the Houses of Parliament. However, the President returns the bill to the Houses for re-consideration, citing that nationalisation of natural resources would be against the basic structure of the Constitution. Analyse the position."
The key here is to identify when you can even apply the Doctrine of Basic Structure. Most students get confused and start arguing with the President's decision. But remember, this doctrine only comes into play when the court is dealing with a constitutional amendment. If it's a regular law, the President's decision is final. So, the correct approach should be to first identify whether the bill is an amendment or not. If it is, then you can discuss the constitutionality of nationalising a river. If not, the President's decision stands.
2 Comments
Yaar, additional info. Doctrine of Basic Structure (DBS) ka application jab karega jab amendment bill ko Lok Sabha ya Rajya Sabha mein pass kiya jaayega aur president kisi bhi reason karo tabhi amendment act ban sakta hai. Lekin agar amendment bill ko pasand kiya jaata hai tabhi DBS ka use hoga. Isme basic structure ke elements aate hain - republic, democracy, separation of powers etc. Unko disturb karne ke liye amendment rejected ho sakti hai.
Bhai, aapka sawal bahut achha hai! Doctrine of Basic Structure ka prasangikaran karna kathin hain, lekin main aapko yeh keh sakta hoon ki iska upayog tab kiya ja sakta hai jab koi amendments Constitution ki vishesh avadhiyon ko chhu jati hain jo Basic Structure ko affect karte hain, jaise ki Fundamental Rights ya Parliamen's powers ki khatre mein pad jaati hain.