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How does the basic structure doctrine protect citizens' fundamental rights from being violated?
In the modern judicial system, the doctrine of basic structure, as a key rule, is of great significance in protecting the basic rights of citizens. This doctrine holds that certain fundamental features of the Constitution cannot be amended or taken away, even by the legislature. The concept was first formally recognized by the Supreme Court of India in the 1973 case of Kesavananda Bharati v. State of Kerala and has become an important part of Indian constitutional law.
The doctrine of basic structure serves as a legal framework that ensures that the legislature has no power to change the fundamental features of the Constitution.
The core of the basic structure doctrine is that it clearly distinguishes between the legislative power to amend and the inviolability of the Constitution itself. The doctrine has its roots in a series of legal cases, most notably Golaknath v. State of Punjab and Kesavananda Bharati v. State of Kerala. In the Golaknath case, the Supreme Court for the first time declared the inviolability of fundamental rights and made it clear that any constitutional amendment that impedes fundamental rights would be deemed invalid.
The fundamental rights in the Constitution are considered to have a status that transcends general laws and regulations, and the legislature cannot interfere with them at will.
In the Kesavananda Bharati case, Justice Hans Raj Khanna further expanded on the concept of this doctrine, saying that the basic structure of the Constitution does not only refer to fundamental rights, but also includes things like democracy, Elements such as the rule of law and an independent judiciary. According to the judge, the fundamental objective of the Constitution is to safeguard the dignity and freedom of citizens, which should not be infringed by any legislature.
The basic structure of the Constitution must be maintained to protect the fundamental rights of every citizen.
According to the basic structure doctrine, any attempt to weaken or change these basic features through constitutional amendment will be regarded as unconstitutional by the Supreme Court. For example, in a 1975 election case, the Court used the basic structure doctrine to rule that some legal regulations regarding elections were unconstitutional, successfully preventing the government from infringing on the democratic process.
The doctrine's influence is not limited to India; countries such as Pakistan, Bangladesh and Uganda have also adopted the principle, though the implementation and legal effects may vary. Bangladesh, in particular, has Article 7B of its constitution that explicitly incorporates the basic structural doctrine, making it the only legal system in the world that explicitly states it in this way.
The existence of the basic structure doctrine restricts the power of the legislature, thereby ensuring the effective operation of the principles of democracy and the rule of law.
However, the basic structural doctrine has also faced criticism and challenges. Courts in some countries, such as the Singapore High Court, have explicitly rejected the doctrine, while its applicability in Malaysian law has experienced twists and turns. However, as time went on, many scholars and judges began to accept the legitimacy and necessity of this theory, believing that it was not only a constitutional protection but also a guarantee of civil liberties.
In the evolving legal framework, the central question of the basic structure doctrine remains how to accurately define "essential characteristics". Currently, this doctrine allows courts to determine the specific basic structural content based on specific circumstances and cases, so the courts' interpretation and application will directly affect citizens' basic rights.
The establishment of a basic structure is crucial to preventing the abuse of power. Only by ensuring that basic rights are not violated can society move towards fairness and justice.
Overall, the basic structure doctrine is not only a legal principle, but also a guardian of citizens' basic rights in the contemporary legal and political environment. The foundation of this doctrine is the protection of human rights and fundamental freedoms, which ensure that every citizen enjoys the protection of the law. However, as society changes and the law evolves, can we continue to rely on this doctrine to maintain citizens' freedom and rights in the future?
