Basic Structure Doctrine of Indian Constitution
Basic Structure Doctrine of Indian Constitution: Detailed Explanation
Introduction
The Basic Structure Doctrine is a landmark judicial principle developed by the Supreme Court of India, which holds that certain fundamental features of the Indian Constitution cannot be altered or destroyed by any constitutional amendment by the Parliament.
This doctrine acts as a limit on the amending power of the Parliament under Article 368 of the Constitution and safeguards the core values of the Constitution.
Origin and Evolution
Background:
The Indian Constitution provides the Parliament with the power to amend the Constitution under Article 368.
Initially, the amendment power was considered plenary (unlimited).
However, conflicts arose when Parliament tried to amend fundamental rights and other constitutional provisions, leading to judicial scrutiny.
Landmark Case: Kesavananda Bharati v. State of Kerala (1973)
This is the most significant case where the Basic Structure Doctrine was propounded.
Facts: Kesavananda Bharati challenged the Kerala government’s attempts to impose restrictions on the management of religious properties through constitutional amendments.
The Supreme Court was tasked to decide whether Parliament’s power to amend the Constitution was unlimited.
Judgment Highlights:
The Court by a narrow majority (7:6) held that:
Parliament has wide powers to amend the Constitution, including fundamental rights.
However, Parliament cannot alter or destroy the "basic structure" or essential features of the Constitution.
The Court did not exhaustively define the “basic structure”, but indicated several features as part of it.
Key Features of Basic Structure (not exhaustive but illustrative):
The Supreme Court has, in various judgments, identified the following as part of the Basic Structure:
Supremacy of the Constitution
Republican and Democratic form of Government
Secular Character of the Constitution
Separation of Powers between the Legislature, Executive, and Judiciary
Federal Character of the Constitution
Judicial Review
Rule of Law
Fundamental Rights
Free and Fair Elections
Parliamentary System
Sovereignty and Integrity of India
Subsequent Cases Developing the Doctrine
1. Indira Gandhi v. Raj Narain (1975)
The Court invalidated a constitutional amendment that sought to immunize the election of the Prime Minister from judicial review.
It reiterated that free and fair elections form part of the basic structure.
2. Minerva Mills Ltd. v. Union of India (1980)
The Court struck down parts of the 42nd Amendment which gave Parliament unlimited amending power.
It reaffirmed the basic structure doctrine and emphasized balance between Fundamental Rights and Directive Principles as part of the basic structure.
3. S.R. Bommai v. Union of India (1994)
The Court held that secularism and federalism are part of the basic structure.
It laid down limits on the use of Article 356 (President’s rule), protecting federalism.
4. Kesavananda Bharati Revisited
Over years, the Court has expanded the list of features included in the basic structure but remains cautious to prevent judicial overreach.
Importance of the Doctrine
Acts as a check on Parliament’s power, preventing arbitrary or authoritarian changes.
Preserves the core constitutional ethos despite political changes.
Upholds constitutional supremacy, not parliamentary supremacy.
Ensures continuity, stability, and integrity of the Constitution.
Criticisms and Debates
Some argue the doctrine undermines parliamentary sovereignty.
Concerns about judicial activism and overreach — unelected judges deciding what is “basic”.
Others defend it as necessary to protect constitutional democracy.
Summary Table
| Aspect | Explanation |
|---|---|
| Origin | Kesavananda Bharati v. State of Kerala (1973) |
| Core Idea | Parliament cannot alter/destroy the “basic structure” |
| Key Features | Democracy, Secularism, Federalism, Judicial Review, Fundamental Rights, etc. |
| Significance | Protects constitutional identity; limits Parliament’s amending power |
| Landmark Cases | Kesavananda Bharati, Minerva Mills, Indira Gandhi v. Raj Narain, S.R. Bommai |
Conclusion
The Basic Structure Doctrine stands as a guardian of the Indian Constitution’s fundamental principles. It balances the need for constitutional evolution with the protection of its essential identity, preventing any constitutional amendment that seeks to dismantle the democratic and republican fabric of the nation.
RELATED Blog
0 comments