Basic Structure of the Constitution

Introduction

A judicial theory known as the Basic Structure Doctrine restricts Parliament’s ability to modify the Constitution under Article 368. It ensures that, even through a constitutional amendment, certain fundamental characteristics—such as democracy, secularism, judicial independence, and federalism—cannot be altered. Although not explicitly mentioned in the Constitution, this doctrine emerged from Supreme Court decisions. It serves as a safeguard against arbitrary amendments that would undermine the Constitution’s essential character.

Emergence of the Basic Structure Doctrine

Shankari Prasad Case (1951)

• Parliament can amend fundamental rights as provided under Article 368.
• The word “law” in Article 13 does not apply to constitutional amendments.
• Effect: Granted Parliament the power to amend or even remove fundamental rights.

Golak Nath Case (1967)

• Fundamental rights are “immutable” and cannot be amended by Parliament.
• A constitutional amendment is considered law under Article 13 and can be struck down if it violates fundamental rights.
• Effect: Parliament lost the power to amend fundamental rights.

24th Constitutional Amendment Act (1971)

• Parliament can amend fundamental rights.
• Constitutional amendments are not subject to Article 13.

Kesavananda Bharati Case (1973)

• Reversed the decision of Golak Nath (1967).
• Upheld Parliament’s power to amend fundamental rights but introduced the Basic Structure Doctrine.
• Parliament must not alter or destroy the “basic structure” of the Constitution.

Indira Nehru Gandhi Case (1975)

• Struck down the amendment for violating the basic structure (free and fair elections, judicial review).
• Effect: Strengthened the Basic Structure Doctrine.

42nd Constitutional Amendment Act (1976)

             Parliament’s reaction to the Basic Structure Doctrine.

• Declared that:
  • Parliament’s amending power has no limitations.
  • No amendment can be challenged in court.

Minerva Mills Case (1980)

• Struck down the provision excluding judicial review, reaffirming it as a basic feature.
• Held that Parliament’s amending power is limited and cannot be made absolute.
• Effect: Restored the Supreme Court’s power of judicial review over constitutional amendments.

Waman Rao Case (1981)

• Clarified the application of the Basic Structure Doctrine.
• Ruled that the doctrine applies only to amendments enacted after April 24, 1973 (the Kesavananda Bharati judgment).

Elements of the Basic Structure

The Supreme Court’s Position on the Basic Structure

Parliament can amend any part of the Constitution, including fundamental rights, under Article 368. However, amendments cannot alter or destroy the basic structure of the Constitution. The Supreme Court has not provided an exhaustive definition of the basic structure but has identified certain fundamental principles through various judgments. The following have emerged as basic features or elements of the Constitution’s basic structure:

• Supremacy of the Constitution
• Sovereign, democratic, and republican nature of the Indian polity
• Secular character of the Constitution
• Separation of powers between the legislature, the executive, and the judiciary
• Federal character of the Constitution
• Unity and integrity of the nation
• Welfare state (socio-economic justice)
• Judicial review
• Freedom and dignity of the individual
• Parliamentary system
• Rule of law
• Harmony and balance between fundamental rights and Directive Principles
• Principle of equality
• Free and fair elections
• Independence of the judiciary
• Limited power of Parliament to amend the Constitution
• Effective access to justice
• Principles (or essence) underlying fundamental rights
• Powers of the Supreme Court under Articles 32, 136, 141, and 142
• Powers of the High Courts under Articles 226 and 227

Evolution of the Basic Structure of the Constitution