Amendability of Fundamental Rights
The Supreme Court in the case of Kesavananda Bharati, (1974) that the Parliament can amend any part of the constitution including all the fundamental rights subject to the ‘Doctrine of Basic Structure’ of the Constitution.
The Supreme Court has neither specifically defined as to what entails the basic structure nor did it mention any exhaustive list regarding the contents of the basic structure of the Constitution. The Apex Court however stated that only additions can be made to the basic structure and no deletions will be allowed to be made. The Supreme Court in a catena of judgements has held that the following provisions are a part of the basic structure of the Constitution –
- Sovereignty of India
- Democracy
- Secularism
- Republic
- Free and fair elections
- Judicial review, etc.
Doctrine of severability
The doctrine of severability is also known as the “Doctrine of Separability”. It protects our Fundamental Rights since it is enshrined in Article 13(1) of the Constitution stating that all the laws implemented in India before the initiation of the Constitution shall continue to be in force, however, the extent to which they are in conflict with the fundamental rights will to the degree of such irregularity be void. In simple terms, the entire law would not be held invalid or void, only the part of the law which is inconsistent with the Fundamental Rights shall be held void or invalid.
Doctrine of eclipse
The doctrine of eclipse is applied when one provision of the law dominantly overshadows the other provision and as the name suggests this doctrine is employed when a law or an act disregards or is inconsistent with the Fundamental Rights. In the case of this doctrine, Fundamental Rights eclipse the law or act that is inconsistent, thereby making it unenforceable, yet not void ab initio. Such a law or act can be implemented once again if the limitations established by the Fundamental Rights are eliminated.
