BASIC STRUCTURE OF INDIAN CONSTITUTION

1. Context

The Basic Structure Doctrine emerged from the Kesavananda Bharati judgment of the Supreme Court, delivered by a majority of 7:6 on April 24, 1973

2. What is the Basic Structure Doctrine?

The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts.
The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament.
If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional.
The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself.

3. Evolution of Basic Structure Doctrine

3.1 Shankari Prasad Case, 1951

SC opined that the power of the parliament to amend the constitution under Article 368 also includes the power to amend Fundamental Rights.
It based its judgment on the logic that the word ‘law’ mentioned in Article 13 includes only ordinary laws and not constitutional amendment acts.

3.2 Golaknath Case, 1967

SC overruled its judgment. It ruled in this that- Fundamental Rights are given a transcendental and immutable position and hence the Parliament cannot abridge or take away any of these rights.
It opined the constitutional amendment act is also a law under Art 13.
Parliament reacted to this judgment by enacting 24^th amendment act which included a provision in Art 368 which declared that Parliament has power to take away any of the fundamental rights.

3.3 Keshavananda Bharati Case, 1973

SC overruled its judgment in the Golaknath case. It upheld the validity of the 24^th amendment act and opined that parliament is empowered to take away or abridge any of the FRs. However, such changes should not alter the ‘basic structure’ of the constitution.

3.4 42nd CAA 1976

Amended Art. 368-no limitation on the constituent power of Parliament. Any amendment cannot be questioned in any court on any ground.

3.5 Minerva Mills Case, 1980

Parliament reacted to the above case by enacting 42nd amendment act which declared under article 368 that there is no limitation on the constituent power of Parliament and it barred the courts from questioning such amendments. This provision was invalidated by the SC stating that Parliament cannot take away the ‘judicial review’ power of the constitution since it is part of the ‘basic structure of the doctrine’.

3.6 Waman Rao Case, 1981

SC clarified that doctrine would be apply to constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati case) (Including 9th schedule).

4. Basic Features of Indian Constitution

In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list.

the supremacy of the Constitution,
the rule of law,
Independence of the judiciary,
doctrine of separation of powers,
sovereign democratic republic,
the parliamentary system of government,
the principle of free and fair elections,
welfare state, etc.

5. Significance of Basic Structure

The basic structure doctrine is a testimony to the theory of Constitutionalism to prevent the damage to essence of COI by brute majority of the ruling majority.
The basic doctrine saved the Indian democracy as it acts as a limitation of constituent power or else unlimited power of parliament might have turned India into a totalitarian.
It helps us to retain the basic tenets of our constitution so meticulously framed by the founding fathers of our Constitution.
It strengthens our democracy by delineating a true separation of power where Judiciary is independent of other two organs. It has also given immense untold unbridled power to Supreme Court and made it the most powerful court in the world.
By restraining the amending powers of legislative organ of State, it provided basic Rights to Citizens which no organ of State can overrule.
Being dynamic in nature, it is more progressive and open to changes in time unlike the rigid nature of earlier judgements.

For Prelims & Mains

For Prelims: Doctrine of Basic Structure, Shankari Prasad Case, Golaknath Case,

Keshavananda Bharati Case, 42nd CAA 1976, Minerva Mills Case, Waman Rao Case, 1981, 9th Schedule, Article 368.

For Mains: 1. What is the Basic Structure Doctrine? Explain the evolution and significance of Basic Structure Doctrine?

Previous Year Questions

1.Consider the following statements: (UPSC CSE GS1, 2020)
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

1.“Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (UPSC GS2, 2019)

Source: The Indian Express

Share to Social

UPSC Article