Introduction – Basic Structure Doctrine
The Basic Structure Doctrine is a cornerstone of Indian constitutional law that restricts the power of Parliament to amend key features of the Constitution. Evolved by the judiciary, especially through the Kesavananda Bharati v. State of Kerala (1973) judgment, it ensures that certain fundamental principles remain beyond the reach of amendment, preserving the identity and soul of the Constitution.
Historical Background
Article 368 of the Constitution gives Parliament the power to amend the Constitution.
- However, the scope and limits of this power became controversial in light of landmark constitutional amendments, especially those affecting Fundamental Rights.
Key Cases:
- Shankari Prasad v. Union of India (1951) and Sajjan Singh v. State of Rajasthan (1965) upheld Parliament’s unlimited amending power.
- Golak Nath v. State of Punjab (1967) reversed this, holding that Fundamental Rights could not be amended.
- This led to the historic Kesavananda Bharati case, where the Supreme Court laid down the Basic Structure Doctrine.
Kesavananda Bharati v. State of Kerala (1973)
In a 13-judge bench decision, the Supreme Court ruled that:
- Parliament has wide powers to amend the Constitution under Article 368.
- But it cannot alter the “basic structure” or essential features of the Constitution.
This doctrine serves as a check on absolute parliamentary sovereignty, balancing flexibility with stability.
Elements of the Basic Structure
Although the Court did not provide an exhaustive list, over time it has recognized the following elements as part of the Basic Structure:
- Supremacy of the Constitution
- Rule of law
- Separation of powers
- Judicial review
- Free and fair elections
- Federalism
- Unity and integrity of India
- Secularism
- Sovereign democratic republic
- Welfare state
- Independence of the judiciary
- Parliamentary system of government
- Fundamental Rights and their primacy
These features are not static and may evolve with judicial interpretations.
Judicial Reinforcement
- Indira Nehru Gandhi v. Raj Narain (1975): Struck down Article 329A for violating the basic structure (free & fair elections).
- Minerva Mills v. Union of India (1980): Reiterated that harmony between Fundamental Rights and Directive Principles is part of the basic structure.
- I.R. Coelho v. State of Tamil Nadu (2007): Held that even laws under the Ninth Schedule can be subject to basic structure review if they violate Fundamental Rights.
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Significance of the Doctrine
- Acts as a safeguard against authoritarianism and arbitrary constitutional amendments.
- Maintains the foundational philosophy of the Constitution.
- Empowers the judiciary to strike down unconstitutional amendments.
Criticism of the Doctrine
- Critics argue it gives unelected judges excessive power over elected representatives.
- The doctrine lacks a clearly defined list, leading to judicial subjectivity.
Yet, it remains a globally recognized example of constitutional resilience and judicial activism.
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Conclusion
The Basic Structure Doctrine is the guardian of India’s constitutional ethos. It ensures that while the Constitution remains dynamic and adaptable, its core ideals—like democracy, secularism, and the rule of law—are protected from being diluted or destroyed.