Doctrine Of Basic Structure
The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament.
- But what should be considered as the basic features of the Indian Constitution is not explicitly defined by the Judiciary. It is widely believed that democracy, federalism, independence of the judiciary, secularism etc. are part of the basic features.
- The claim of any particular feature of the Constitution to be a “basic” feature is determined by the Court on a case-by-case basis.
- This doctrine was first expressed in Kesavananda Bharati v. The State of Kerala (1973). Thanks to Kesavananda Bharati, Palkhivala and the seven judges who were in the majority, India continues to be the world’s largest democracy.
DOCTRINE OF ECLIPSE
- The doctrine states that if any law becomes contradictory to the fundamental rights, then it does not permanently die but becomes inactive.
- As soon as that fundamental right is omitted from the Constitution, the inactive law becomes revived.
- When a court strikes a part of the law, it becomes unenforceable. Hence, an ‘eclipse’ is said to be cast on it. The law just becomes invalid but continues to exist.
- The eclipse is removed when another (probably a higher level court) makes the law valid again or an amendment is brought to it by way of legislation.
- Supreme Court first applied this doctrine in the case of Bhikaji vs State of Madhya Pradesh where it applied to preconstitutional law. The extension to the post-constitutional law was stated in the case of Dulare Lodh vs ADJ Kanpur.
DOCTRINE OF COLOURABLE LEGISLATION
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This is applied when the legislature enacting the law has transgressed its power as is mentioned in the Constitution.
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The expression “colourable legislation” simply means what cannot be done directly, cannot be done indirectly too.
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It is the substance that is material and not the outward appearance.
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Hence there are certain situations when it seems that it is within the power of the legislature enacting the law but actually it is transgressing. This is when this doctrine comes into the picture.
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It was applied by the Supreme Court of India in the case State of Bihar vs Kameshwar Singh and it was held that the Bihar Land Reforms Act was invalid