A case was recently filed at the High Court, claiming that the 2010 Constitution has a 'basic structure' that the courts should protect from 'unconstitutional amendments'. At the same time, the basic structure doctrine presupposes that the Constitution in question was attained through a genuinely participatory process and truly embodies the views of all segments of society. BASIC STRUCTURE DOCTRINE IMPRECISEEssentially, the basic structure of any given constitution is what a court says it is; whether a particular feature is part of the basic structure is worked out on a case-by-case basis. And so different courts have applied the label of 'basic structure' to varying provisions, and not always for convincing reasons. The court claimed that the amendment violated the basic structure of the Indian Constitution by compromising the principle of judicial independence.

Source: The Star December 12, 2020 06:56 UTC