Supreme Court Justice BV Nagarathna, delivering the T.S. Krishnamoorthy Iyer Memorial Lecture, stressed that judges must uphold their oath and exercise <span class="key-term" data-definition="Judicial review — power of courts to examine the constitutionality of legislative and executive actions (GS2: Polity)">judicial review</span> with courage, even at personal cost. She linked this independence to the <span class="key-term" data-definition="Basic Structure Doctrine — judicial principle that Parliament cannot amend the Constitution’s essential features such as secularism, federalism and judicial review (GS2: Polity)">basic structure doctrine</span> and <span class="key-term" data-definition="Transformative constitutionalism — interpretative approach that seeks to realise the Constitution’s promises of liberty, equality and fraternity in changing social contexts (GS2: Polity)">transformative constitutionalism</span>, citing historic dissents like that of Justice H.R. Khanna.
In the 2nd T.S. Krishnamoorthy Iyer Memorial Lecture , Justice BV Nagarathna of the Supreme Court warned judges against letting career considerations dilute their constitutional duties. She argued that true judicial independence requires both freedom from external pressure and the intellectual liberty to dissent. Key Developments Justice Nagarathna highlighted that judicial review often entails striking down laws, curbing executive excesses, and even overturning constitutional amendments. She invoked Justice H.R. Khanna’s dissent in ADM Jabalpur as a paradigm of constitutional courage, noting the personal cost he bore. The lecture linked the doctrine of basic structure with transformative constitutionalism , emphasizing their joint reliance on an independent judiciary. She stressed that dissenting opinions are not signs of weakness but manifestations of internal judicial independence. Important Facts & Historical Context The evolution of the basic structure doctrine began with cases like Shankari Prasad and I.C. Golak Nath , culminating in the landmark Kesavananda Bharati decision. Subsequent rulings such as Minerva Mills and S.R. Bommai entrenched the doctrine. Justice Khanna’s dissent in ADM Jabalpur was later vindicated by the Puttaswamy verdict, underscoring that constitutional fidelity outlives political expediency. UPSC Relevance Understanding judicial review is essential for GS 2 (Polity) and Ethics (GS 4) questions on separation of powers. The basic structure doctrine illustrates limits on parliamentary sovereignty, a frequent essay topic. Transformative constitutionalism connects constitutional law with social justice, relevant for GS 4 (Ethics) and GS 2 (Polity) discussions on rights and welfare. Justice Khanna’s dissent exemplifies the role of judicial courage, a case study for ethics and integrity in public service. Way Forward For a robust constitutional democracy, aspirants should internalise three take‑aways: Guard external independence – courts must remain insulated from political and popular pressures. Preserve internal independence – judges should feel free to form and voice dissenting opinions, enriching jurisprudence. Balance transformation with limits – while striving for social change, courts must respect the basic structure , ensuring that reforms do not erode foundational constitutional values. Embedding these principles in the civil services mindset will aid future policymakers in respecting judicial autonomy while pursuing progressive governance.
Justice B.V. Nagarathna delivered the 2nd T.S. Krishnamoorthy Iyer Memorial Lecture on judicial independence (2024).
She highlighted Justice H.R. Khanna’s dissent in ADM Jabalpur (1976) as a paradigm of constitutional courage.
The Basic Structure Doctrine was crystallised in Kesavananda Bharati v. State of Kerala (1973) after Shankari Prasad (1951) and I.C. Golak Nath (1967).
Supreme Court reinforced the doctrine in Minerva Mills Ltd. v. Union of India (1993) and S.R. Bommai v. Union of India (1994).
Justice K.S. Puttaswamy v. Union of India (2017) overruled ADM Jabalpur, reaffirming the primacy of fundamental rights.
Judicial review under Articles 32 & 141 empowers the Supreme Court to strike down statutes and constitutional amendments that violate the basic structure.
Nagarathna stressed that internal independence (freedom to dissent) is as crucial as external independence from political pressure.
Background & Context
Judicial independence is a cornerstone of the separation of powers enshrined in the Indian Constitution. The Basic Structure Doctrine limits parliamentary sovereignty, ensuring that essential features like secularism, federalism and judicial review remain inviolable, a theme repeatedly tested in UPSC exams.
UPSC Syllabus Connections
Prelims_GS•Constitution and Political SystemEssay•Democracy, Governance and Public AdministrationGS2•Executive and Judiciary - structure, organization and functioningEssay•Philosophy, Ethics and Human ValuesGS2•Historical underpinnings, evolution, features, amendments, significant provisions and basic structureEssay•Society, Gender and Social JusticeGS2•Comparison with other countries constitutional schemesGS1•Social Empowerment, Communalism, Regionalism and SecularismPrelims_GS•National Current AffairsGS4•Case Studies on ethical issues
Mains Answer Angle
GS 2 – Discuss the significance of judicial courage and the Basic Structure Doctrine in preserving constitutional democracy, linking it with the concept of transformative constitutionalism.