India's Basic Structure Doctrine Used By Many Global Jurisdictions To Reinforce Constitutional Supremacy : CJI BR Gavai

Chief Justice of India BR Gavai, on Thursday delivered the keynote address at the Fifth “Wisdom for Future” Talk Series hosted by the Jigme Singye Wangchuck School of Law at the Royal Institute of Management Convention Hall, Thimphu, Bhutan. Speaking on the theme “Courts and Constitutional Governance,” Justice Gavai underlined that the basic structure doctrine, one of the cornerstones of Indian constitutional law, has acquired global significance by inspiring jurisdictions across the world to reinforce democratic resilience and constitutional supremacy.“The significance of the basic structure doctrine extends far beyond India's borders. Jurisdictions across the world have drawn inspiration from this principle, using it to reinforce constitutional supremacy and to guard against the dilution of core democratic values,” the Chief Justice said, addressing an audience that included Her Royal Highness Princess Sonam Dechan Wangchuck, President of the JSW School of Law, Chief Justice Norbu Tshering of Bhutan's Supreme Court, judges, scholars, and students.A Shared Constitutional Heritage Between India and BhutanCJI Gavai began his address by expressing gratitude for Bhutan's warmth and hospitality, describing the Himalayan nation as a symbol of harmony between “tradition and modernity, progress and peace.” He remarked that Bhutan's societal model, which values balance and compassion, provides “a living lesson in what an ideal civilization could be.”Recalling the shared philosophical roots of India and Bhutan, he observed that both nations derive strength from the teachings of Lord Buddha, whose message of compassion and balance continues to shape their moral and constitutional ethos. “Our relationship is beyond borders and centuries,” he said. “It is nurtured by a common civilizational spirit, founded on mutual trust, goodwill, and a shared vision of progress.”He noted that the India–Bhutan partnership extends well beyond economics to education, culture, energy, and technology, strengthened by people-to-people ties and shared democratic aspirations. “It is therefore appropriate that our two judiciaries engage in a dialogue on constitutional governance,” he remarked.Judiciary as the Moral Conscience of the ConstitutionJustice Gavai said that courts are not merely dispute resolution bodies but essential pillars of constitutional governance. “The judiciary stands as both a guardian and a moral conscience of the Constitution. Its role goes beyond interpretation; it embodies the living spirit of constitutionalism by maintaining the delicate balance among the organs of the State,” he said.He emphasized that the strength of constitutional governance depends not only on the text of the law but also on “the integrity, independence, and wisdom of the institutions that uphold it.” Courts, he said, must interpret the Constitution in a way that gives life to its ideals of justice, liberty, equality, and fraternity, placing the citizen at the center of the democratic framework.The Basic Structure Doctrine: India's Contribution to Global ConstitutionalismJustice Gavai devoted a large portion of his lecture to explaining the basic structure doctrine, calling it a defining contribution of Indian constitutional thought. Tracing its evolution from the landmark Kesavananda Bharati v. State of Kerala (1973) judgment, he recalled how the Supreme Court held that Parliament could amend the Constitution but not alter its essential features, such as the rule of law, separation of powers, judicial independence, and the supremacy of the Constitution.“The judgment was a turning point in India's constitutional journey,” he said. “It recognized that while the Constitution must adapt to changing times, it cannot lose its soul.”Justice Gavai also cited the 2015 judgment striking down the National Judicial Appointments Commission (NJAC) Act, which sought to give the executive a dominant role in judicial appointments. The Court had held that such a change would compromise judicial independence and thus violate the Constitution's basic structure. “The decision reaffirmed that judicial autonomy is intrinsic to the preservation of the Constitution's spirit,” he said.He noted that the doctrine has since influenced constitutional courts worldwide, reinforcing democratic safeguards against authoritarian impulses.Balancing Fundamental Rights and Directive PrinciplesThe Chief Justice highlighted how India's judiciary has harmonized the Fundamental Rights and Directive Principles of State Policy, describing both as “expressions of the Constitution's moral and social philosophy.” Referring to the Minerva Mills v. Union of India (1980) judgment, he said the Supreme Court held that neither Fundamental Rights nor Directive Principles are superior to the other. Instead, they must be read together to achieve both individual liberty and social justice.“This delicate balance between rights and responsibilities ensures that democracy remains both free and fair,...

India's Basic Structure Doctrine Used By Many Global Jurisdictions To Reinforce Constitutional Supremacy : CJI BR Gavai

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