The Basic Structure Doctrine, established in the landmark Kesavananda Bharati case (1973), serves as a constitutional firewall against unbridled majoritarianism by safeguarding the fundamental principles that form the essence of India’s democratic fabric.

Key Elements of Basic Structure Protection

• The doctrine protects fundamental features like federalism, democracy, secularism, and judicial reviewfrom being altered even through constitutional amendments.
• It ensures that a temporary majority in Parliament cannot fundamentally alter the Constitution’s core principles through its numerical strength.
• The doctrine empowers the Supreme Courtto strike down constitutional amendments that violate these basic features, as demonstrated in the Minerva Mills case (1980).

Historical Significance and Application

• The doctrine emerged as a response to excessive parliamentary power during the Emergency period (1975-77).
• Notable applications include striking down the 39th Amendmentin the Indira Gandhi v. Raj Narain case that attempted to place election disputes beyond judicial scrutiny.
• The 42nd Amendment’sprovisions attempting to curtail judicial review were invalidated, reinforcing constitutional democracy.

Safeguards Against Majoritarianism

• Acts as a counter-majoritarian checkby preventing the ruling majority from undermining democratic institutions.
• Protects fundamental rightsand ensures that parliamentary power remains within constitutional bounds.
• Maintains the delicate balance between parliamentary sovereigntyand constitutional supremacy.

Challenges and Contemporary Relevance

• The 2024 Supreme Court rulinghas refined the doctrine’s application, requiring challenges to demonstrate violation of specific constitutional provisions.
• Criticism exists regarding the doctrine’s undefined nature and potential for judicial overreach.
• The doctrine’s selective application raises questions about its consistency in protecting constitutional values.

The Basic Structure Doctrine remains a vital guardian of India’s constitutional democracy, exemplified by cases like Minerva Mills and I.R. Coelho, ensuring that majority power operates within the framework of constitutional morality and democratic principles. Its evolution continues to shape the balance between parliamentary sovereignty and constitutional supremacy.