Amidst politicians’ new reverence for Constitution, one thing to remember

• Source – Indian Express
• Link –  https://indianexpress.com/article/opinion/columns/amidst-politicians-new-reverence-for-constitution-one-thing-to-remember-9433639/ 
• Syllabus – GS Paper 03
• Topic – Indian Constitution

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What is the issue?

The Indian Constitution serves as the bedrock of our democracy, providing a framework for governance and safeguarding citizens’ rights. Several constitutional provisions, including oaths, fundamental rights, and the Basic Structure doctrine, play a pivotal role in maintaining the constitutional balance.

Constitutional Provisions and Oaths

1. Article 99: Oaths and Affirmations:
   • Article 99 mandates that every member of Parliament must take an oath or affirmation to uphold the Constitution.
   • The Third Schedule specifies the form of oath or affirmation for members of Parliament, judges of the Supreme Court, and High Courts.
2. Core Constitutional Elements:
   • Fundamental Rights (Part III): These rights guarantee civil liberties, including equality, freedom of speech, and the right to life.
   • Directive Principles of State Policy (Part IV): These principles provide guidelines for governance, aiming at citizens’ welfare.

The Basic Structure Doctrine

1. Origin and Significance:
   • Established in the Kesavananda Bharati Case (1973), the Basic Structure doctrine asserts that certain features of the Constitution are beyond Parliament’s amending power.
   • These features constitute the “Basic Structure” and cannot be altered if they violate fundamental principles.
2. Foundational Principles:
   • The Basic Structure includes:
     • Rule of Law: Ensures that state actions adhere to legal norms.
     • Separation of Powers: Maintains checks and balances among the legislature, executive, and judiciary.
     • Judicial Independence: Safeguards the judiciary’s autonomy.
     • Protection of Fundamental Rights: Upholds citizens’ liberties.

Preserving Constitutional Balance

1. Delicate Balance of Powers:
   • Eclipsing the Basic Structure and foundational principles could disrupt the delicate balance among constitutional organs.
   • These principles prevent any one branch from becoming excessively powerful.

Upholding the Rule of Law

1. Supremacy of the Constitution:
   • The Basic Structure doctrine reinforces the supremacy of the Constitution over other laws.
   • It ensures that state actions, including laws passed by Parliament, align with constitutional norms and the rule of law.

Significance of Judicial Overreach

1. Defending Fundamental Rights:
   • Judicial overreach occurs when courts intervene to protect fundamental rights guaranteed by the Constitution.
   • It prevents legislative or executive actions from violating these rights.
   • Courts play a crucial role in upholding citizens’ liberties.

In conclusion, the interplay of constitutional provisions, the Basic Structure doctrine, and judicial vigilance ensures that India’s democracy remains robust and responsive to citizens’ needs.