Introduction
In a recent address at the 4th Justice HR Khanna Memorial National Symposium, Supreme Court Justice PV Sanjay Kumar reaffirmed the critical importance of the Basic Structure doctrine in protecting India's Constitution from radical transformations under the guise of amendment. This doctrine, established in the landmark case of Keshavananda Bharati vs. State of Kerala, serves as a bulwark against attempts to undermine fundamental constitutional principles.
The Essence of the Basic Structure Doctrine
Justice Kumar emphasised that the power to amend the Constitution does not extend to dismantling its foundational principles. According to him, while amendments can modify specific provisions within the existing framework, they cannot be used to create an entirely new Constitution. This distinction is crucial in preventing what he termed as "dismemberment" — a complete and transformative alteration that departs from the Constitution's original intent and structure.
Addressing Criticism and Defending Judicial Review
Responding to criticism that judicial review of constitutional amendments exceeds judicial authority, Justice Kumar asserted that the judiciary's role in upholding the Basic Structure doctrine is vital. He underscored that by scrutinising amendments, the courts protect not only the Constitution itself but also fundamental principles such as the independence of the judiciary and the rule of law. This stance, he argued, is essential for maintaining the integrity and coherence of India's constitutional framework.
Legacy of Justice HR Khanna
Justice Kumar paid tribute to Justice HR Khanna, describing him as an enduring inspiration within the judiciary. He highlighted Justice Khanna's foresight in foreseeing the challenges that led to the Emergency in 1975, emphasising the importance of judicial independence in upholding constitutional values during tumultuous times.
The Evolving Nature of Constitutional Law
Acknowledging the dynamic nature of constitutional law, Justice Kumar stressed the need for both the Constitution and its interpretations to evolve in response to societal changes. He emphasised that while constitutional principles must remain steadfast, their application should be contemporary and relevant, serving the needs of modern society while adhering to the boundaries set by the Basic Structure.
Citizens' Responsibility and Constitutional Values
In conclusion, Justice Kumar called upon Indian citizens to cherish and uphold the rights and liberties guaranteed by the Constitution. He urged a collective responsibility in safeguarding the Basic Structure doctrine, which he described as a cornerstone of India's democratic ethos. By doing so, he suggested, citizens contribute to ensuring that the Constitution remains a living document, resilient yet adaptable to the present and future challenges.
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