The Basic Structure Doctrine is a fundamental legal principle in Indian constitutional law, established by the Supreme Court in the landmark Kesavananda Bharati v. State of Kerala (1973) case. According to this doctrine, while the Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or destroy the "basic structure" or essential features of the Constitution.
Key Aspects of the Doctrine:
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Judicial Origin: The doctrine is not explicitly mentioned in the Constitution. It was developed by the judiciary to prevent Parliament from using its amending power to undermine the core values and framework of the Constitution.
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Supreme Court’s Role: The Supreme Court acts as the guardian of the Constitution, empowered to review and strike down any constitutional amendment that violates the basic structure.
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Protection Against Arbitrary Amendments: The doctrine serves as a safeguard against arbitrary or radical changes, ensuring the Constitution’s stability, continuity, and adherence to its foundational values.
Components of the Basic Structure:
The Supreme Court has not provided an exhaustive list of what constitutes the basic structure, but through various judgments, certain elements have been repeatedly recognized as part of it. These include:
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Supremacy of the Constitution
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Republican and democratic form of government
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Secularism
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Separation of powers between the legislature, executive, and judiciary
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Federal character of the Constitution
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Judicial review
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Rule of law
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Independence of the judiciary
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Unity and integrity of the nation
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Welfare state (socio-economic justice)
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Freedom and dignity of the individual
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Parliamentary system
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Principle of equality
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Free and fair elections
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Limited power of Parliament to amend the Constitution
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Harmony and balance between Fundamental Rights and Directive Principles.
Significance:
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Preserves Constitutional Integrity: It maintains the essential identity and integrity of the Constitution, even as it evolves through amendments.
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Limits Parliamentary Power: Parliament’s power to amend the Constitution is not absolute; it cannot abrogate the core principles that define India’s constitutional identity.
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Protects Democracy and Rights: By safeguarding features like democracy, the rule of law, and fundamental rights, it ensures India remains a sovereign, secular, and democratic republic.
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Enables Judicial Review: The judiciary can invalidate amendments that threaten the basic structure, reinforcing its role as the protector of the Constitution.
Evolution and Affirmation:
The doctrine has been reaffirmed and clarified in subsequent Supreme Court cases, such as Indira Gandhi v. Raj Narain (1975), Minerva Mills v. Union of India (1980), and others, which further elaborated on its scope and the features included within the basic structure.
Important Supreme Court Decisions
| Case | Decision by the Supreme Court |
|---|---|
| Shankari Prasad Vs. Union of India, 1951 | The Parliament, under Article 368, has power to amend any part of the constitution |
| Sajjan Singh Vs. State of Rajasthan, 1965 | The Parliament, under Article 368, has power to amend any part of the constitution |
| Golak Nath Vs. State of Punjab, 1967 | The Parliament is not powered to amend the Part III (Fundamental Rights) of the constitution |
| Kesavananda Bharti Vs. State of Kerala,1971 | The Parliament can amend any provision, but can't dilute the basic structure |
| Indira Gandhi Vs. Raj Narain, 1975 | The Supreme Court reaffirmed its concept of basic structure |
| Minerva Mills Vs. Union of India, 1980 | The concept of basic structure was further developed by adding 'judicial review' and the 'balance between Fundamental Rights and Directive Principles' to the basic features |
| Kihoto hollohan Vs. Zachillhu, 1992 | 'Free and fair elections' was added to the basic features |
| Indira Sawhney Vs. Union of India, 1992 | 'Rule of law, was added to the basic features |
| S.R Bommai vs Union of India, 1994 | Federal structure, unity and integrity of India, secularism, socialism, social justice and judicial review were reiterated as basic features |
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