Unveiling the History of India's Basic Structure Doctrine

Dr Sudhir Krishnaswamy, Vice Chancellor of the National Law School of India
University, Bengaluru (Express Photo by Chitral Khambati)

On the occasion of the 50th anniversary of the “basic structure” doctrine, Dr. Sudhir Krishnaswamy, Vice Chancellor of the National Law School of India University, Bengaluru, discussed the importance of this legal doctrine in maintaining India’s status as a Constitutional democracy. The doctrine restricts the power of Parliament to alter fundamental features of the Constitution, safeguarding it against authoritarianism from all sides. From a women’s perspective, the basic structure doctrine plays a vital role in protecting their rights. It has been instrumental in ensuring the protection of the rights of women through various landmark judgments, such as the Vishaka Guidelines for preventing sexual harassment in the workplace and the inclusion of the Right to Privacy as a fundamental right. The basic structure doctrine is a non-partisan legal principle that does not depend on the political party in power. It is a safeguard against any attempts to erode the Constitution's core values and principles. This legal doctrine serves as a shield to protect the rights of women, and it is essential to maintain its integrity to ensure gender justice in India.

Re-reported from the story originally published in. https://indianexpress.com/