The Supreme Court of India is the bulwark of the “basic structure” of the Indian Constitution. The “basic structure” means certain characteristic features that cannot be tampered with by any administration
Right from when India became a complete sovereign, the Supreme Court, through judicial activism, has upheld its trust among the citizens of the country.
Here are the landmark judgments of the apex court that highlighted the political definition and identity of the Republic of India –
1. Kesavananda Bharati Vs The State of Kerela, 1973
This is one of the most crucial judgments provided by the apex court. In this judgment, the court took a proactive decision in ensuring that the idea of the “rule of law” is always upheld in the Indian terrain.
The Kesavananda Bharati case can be considered the panacea to most of the ‘political ethics’ dilemmas the country might face in the future.
Defining the “basic structure,” the Supreme Court stated that judicial review is one of the basic structures of the Indian Constitution. Hence, no law of the government can go unchecked by it.
2. Minerva Mills Vs Union of India, 1980
The Supreme Court prevented India from becoming a full-fledged socialistic state through this judgment. And before getting into the “why nots,” it must be noted that the then-India was not equipped with adequate resources to do so.
The court cancelled the 42nd Amendment Act 1976, which discussed the importance of the Directive Principles of State Policy over Fundamental Rights. The apex court then restored balance between the two “Conscience of the Constitution,” as quoted by Granville Austin.
3. Menaka Gandhi Vs Union of India, 1992
Defying its own judgment from a case from the 1950s, the Supreme Court redefined one of the political characteristics of India. They provided a more comprehensive interpretation of the theory of “procedure established by law,” engraved under Art. 21 of the Constitution indicated that “due process of law” is implicit. The Supreme ensured that Art. 21 was not a license for the government to pass arbitrary decisions.
4. I.R Coelho Vs The State of Tamil Nadu, 2007
This judgment directly deals with Art. 31B of the Indian Constitution. According to the said article, anything and everything incorporated in the “9th schedule” of the Indian Constitution has blanket immunity from judicial review.
However, this provision was declared to be invalid. The Supreme Court made it known that since judicial review forms the basic structure, no government action will have immunity against it.
Conclusion
Apart from being the most powerful apex, the judiciary in India, especially the Supreme Court, holds a very privileged place in the hearts of all Indians.
While common knowledge states that it is the protector of the Constitution and the guarantor of the Fundamental Rights, it is also the faith, strength, and pride of all the citizens of India.
It is an institution that ensures that democracy can be celebrated in a country with a population of 1.39 billion with an equal degree of diversity!
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