How does the 42nd Amendment of 1976 affect the basic structure doctrine established by the Supreme Court in the Kesavananda Bharati case, and what are its implications?

Detailed Legal Analysis

The 42nd Amendment of 1976 significantly impacted the basic structure doctrine established by the Supreme Court in the Kesavananda Bharati case, primarily by attempting to limit the scope of judicial review and amending fundamental rights. However, the amendment did not alter the basic structure doctrine itself, which remains a cornerstone of Indian constitutional law.

The Kesavananda Bharati case (1973) established the basic structure doctrine, asserting that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter the fundamental features that constitute its basic structure. The Supreme Court outlined several components of the basic structure, including:

• Supremacy of the Constitution
• Rule of Law
• Separation of Powers
• Judicial Review
• Fundamental Rights

The 42nd Amendment, enacted during the Emergency period, aimed to consolidate governmental power and reduce judicial checks on legislative authority. Key provisions of the 42nd Amendment include:

• Amendment of Article 368: It added a clause stating that no amendment to the Constitution shall be called into question in any court on any ground.
• Alteration of Fundamental Rights: It attempted to limit the scope of judicial review concerning amendments affecting fundamental rights.
• Inclusion of New Directive Principles: It introduced new Directive Principles of State Policy, promoting social welfare and economic justice.

Despite its intentions, the 42nd Amendment faced significant backlash and was partially annulled by the Supreme Court in the Minerva Mills case (1980). The Court reaffirmed the basic structure doctrine, ruling that:

• Parliament cannot alter or destroy the basic structure of the Constitution, thus reinstating the judiciary's role in reviewing amendments.
• The supremacy of the Constitution and the Fundamental Rights must be maintained, establishing a balance between the Directive Principles and Fundamental Rights.

In conclusion, while the 42nd Amendment sought to alter the relationship between the legislature and judiciary, it reinforced the doctrine of basic structure by being subject to judicial scrutiny. The implications of this amendment underscore the ongoing tension between governmental authority and constitutional safeguards in India.