Chief Justice of India (CJI) D.Y. Chandrachud on Saturday delivered a powerful defense of the basic structure doctrine, describing it as the constitutional conscience that safeguards Indian democracy from sliding into absolutism. The CJI was speaking at the inauguration of the International Mooting Academy for Advocacy, Negotiation, Dispute Adjudication, Arbitration at the O P Jindal University in Haryana.
The Bedrock of Indian Constitutionalism
CJI Chandrachud emphatically stated that the doctrine, established by the Supreme Court's landmark 1973 Kesavananda Bharati case verdict, is far more than a mere legal precedent. He called it one of the most profound affirmations of India's commitment to constitutionalism and the rule of law. The doctrine, he explained, was not a product of judicial imagination or abstract philosophy. Instead, he framed it as an act of constitutional archaeology, where the judges discovered the foundational principles inherently embedded within the Constitution's design through interpretation, not invention.
A Covenant, Not a Transient Document
The CJI elaborated that the basic structure doctrine serves as a constant reminder that the Indian Constitution is a covenant between the State and its citizens, not a fleeting political document. He referenced the historical arguments made by lawyers during the Kesavananda Bharati case, noting that the doctrine's purpose is to civilize power by imposing necessary limits on it, not to weaken it. The true brilliance of the majority judgment, according to Justice Chandrachud, was its recognition that the unamendable core of the Constitution is what gives the document its soul and meaning, painstakingly crafted by the nation's framers.
A Living Charge for Modern Challenges
CJI Chandrachud underscored that the Constitution's strength lies not in its physical form but in the integrity of its interpreters and defenders. He stated that every generation that revisits the Kesavananda Bharati judgment rediscovers this truth. This enduring promise has allowed the Constitution to evolve and adapt to new realities while remaining firmly anchored to its founding spirit of justice, liberty, equality, and fraternity.
Looking ahead, the CJI asserted that the same ethos must guide India in tackling 21st-century constitutional questions. He pointed to emerging challenges such as the digital state's intrusion into privacy, the role of artificial intelligence in shaping truth, and the climate crisis testing intergenerational justice. The basic structure doctrine, he concluded, is not a relic but a essential map for charting the nation's future, ensuring that as institutions modernize and new frontiers are confronted, the democracy remains protected from the dangers of absolutism.
