NEW DELHI: In a provocative take on India’s celebrated Basic Structure Doctrine, Vice-President Jagdeep Dhankhar questioned its effectiveness and legacy, especially in the context of the 1975 Emergency.
Referring to a recent book launch by a former Supreme Court judge that praised the doctrine, Dhankhar said the celebration was selective and historically blind. “The book was launched on April 14, a day associated with Dr. Ambedkar, and the judge referred to the Jallianwala Bagh massacre to justify the importance of the Basic Structure. But what about 1975?”
The doctrine was born from the landmark Kesavananda Bharati case in 1973, in which the Supreme Court ruled that the basic structure of the Constitution could not be amended by Parliament.
However, Dhankhar pointed out that just two years later, then-Prime Minister Indira Gandhi imposed the Emergency, leading to the suspension of civil liberties and mass arrests.
“On June 25, 1975, the Emergency was declared, and lakhs were thrown in jail. Fundamental rights were suspended. The Supreme Court reversed nine High Court rulings and ruled that citizens had no right to approach the courts. Where was your doctrine then?” he asked.
Dhankhar accused the judiciary of turning a blind eye during a critical moment in India’s democracy. “This Basic Structure — being described as Amrit (nectar) — was completely demolished by the same court that gave it birth. Yet the judge and the audience at the book launch ignored it. Nobody asked: what happened in 1975?”
Calling out what he termed selective constitutionalism, the Vice-President urged young people to ask hard questions.
“We are being sold these narratives because we don’t question them. This is not how a democracy should work.”
