Principles of Basic Structure: When Theory Meets Reality
constitutional clat_ug beginner internship_learnI interned at the Supreme Court for a summer and observed a PIL (Public Interest Litigation) case related to Article 21 of the Indian Constitution. Our textbooks always make it seem so straightforward – right to life means right to a pollution-free environment, but not necessarily access to clean drinking water or proper healthcare. But what really got my attention was when the lawyer mentioned Article 368. According to the article, even if Parliament amends the Constitution, it can't change the 'basic structure' as laid down by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973). This means that even Parliament can't override fundamental rights, like the right to life, if it goes against the basic structure. Kuch toh hai jo textbooks mein nahin likha hai.
Yaar, let's break it down. Basic Structure Doctrine (BSD) was introduced in Keshvanand Bharti case, 1973. It says Constitution's core features - Republic, Democracy, Secularism, Federalism etc. - can't be altered by Parl. or State. But when theory meets reality, issues like judicial review of constitutional amendments come up. BSD has evolved in cases like L. Chandra Kumar, where Parl. can amend constitution subject to Judicial review.