The basic structure of the Indian Constitution is back in the spotlight, with the focus on its inviolability. Vice President of India Jagdeep Dhankhar has sought to cast the judiciary’s 2015 rejection of the 2014 amendment to give the political executive a say in judge selection as an affront to our democracy. The Supreme Court has observed that the country’s charter, which lays down how we govern ourselves, cannot be amended by a bill passed to that effect, as such a change would violate judicial independence, which is its ‘basic feature’. ‘ is one of the. That certain aspects are beyond legislative amendment was laid down by a 1973 judgment of the apex court. The controversy was whether the right to property could be curtailed by the state. In fairness, it may be, because it was not found to be a basic feature. This pleased a Left pushing an agenda of land reforms and disappointed a Right looking at a special case mathematicsAlso as one of the religious rights. The ‘basic’ test that was set at the time has played a major role in the life of the republic: it has acted as a bulwark against the excesses of law-makers, but it has also been controversial for what is included and what is not.
The principle of a stable basis for nationality runs alongside the idea of checks and balances to reduce risks. Just as it kept left-wing extremists in check half a century ago and provided a stop-loss for the democratic deficit of the Emergency, it can be expected to keep right-wing thrust under constitutional control today, given the past three Over the years there has been a rise of the right wing in politics. decade. Many of the points of contention will center on what is required of India from a legal point of view. In 1973, the judges who heard the matter drafted short lists with minor changes. Mentions at the time include the supremacy of the constitution, our republican and democratic form of government, the separation of powers between the legislature, executive and judiciary, our federal structure, secular stance, national unity and sovereignty, welfare mandate, and individual liberty. That fundamental rights are beyond Parliament’s power to amend was a minority view at the time, but after the exclusion of property as an inalienable right, other basic assurances have gained weight. The initial list was not exhaustive and India’s basic framework has been expanded over half a century to cover judicial review, equality of status and opportunity, freedom of conscience and religion, and the rule of law.
Opinion is divided on whether setting aside state organs in their current format, with new judges selected by a collegium of top judges, is vital to our constitutional order. At one level, it is strange that the legal outcome could depend on the selection of a judge, which is at stake in this standoff between the top court and the government. On the other, we must accept that reality can prevail over rule-of-law idealism. Therefore, it would be wise to apply a folk-wisdom filter to what counts as the key to India’s stability. imagine that “we the people” are in a mutual agreement of citizenship, a really Which Articles of the Union must hold good forever for the bond of Indianness to be firmly bound to all? An implicit Indian consensus on these basic elements, a minimum set of unity, may be considered the basic structure of our national bond. The code that is officialized by the judiciary may be fixed to maximize unity and minimize the risk of instability. Certainly, there is a lot we should all agree on.
catch all business News, market news, breaking news events and breaking news Update on Live Mint. download mint news app To get daily market updates.