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Basic Structure Okhay

The Doctrine of Basic Structure, established by the Indian Judiciary in the Keshavananda Bharati case of 1973, limits the Parliament's power to amend the Constitution, ensuring that its fundamental features remain intact. This doctrine emerged from a series of Supreme Court rulings regarding the extent of Parliament's amending powers, culminating in the recognition of certain constitutional components as part of the Basic Structure. Key features include the supremacy of the Constitution, the secular character of the state, and the independence of the judiciary.

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Basic Structure Okhay

The Doctrine of Basic Structure, established by the Indian Judiciary in the Keshavananda Bharati case of 1973, limits the Parliament's power to amend the Constitution, ensuring that its fundamental features remain intact. This doctrine emerged from a series of Supreme Court rulings regarding the extent of Parliament's amending powers, culminating in the recognition of certain constitutional components as part of the Basic Structure. Key features include the supremacy of the Constitution, the secular character of the state, and the independence of the judiciary.

Uploaded by

frankievarte23
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Doctrine of Basic Structure

The doctrine of Basic Structure was propounded by the Indian Judiciary on


24th April 1973 in the Keshavananda Bharati case to put a limitation on the
amending powers of the Parliament so that the ‘Basic Structure of the
Constitution’ cannot be amended in the exercise of its ‘constituent power’
under Article 368 of the Indian constitution.

• It is a judicial creation whereby certain features of the constitution of


India are beyond the limits of amending powers of parliament of the
constitution.
• The word "Basic Structure" is not mentioned in the constitution but was
recognized for the first time in the Kesavananda Bharati case of 1973.

What is the Genesis of the Doctrine of Basic Structure?

The Supreme Court, since independence, has time and again reformed and
revised its stance on parliament's power to amend the constitution.

The evolution of the Basic Structure doctrine can be traced from the issue of the
right to property and the first Constitutional Amendment Act of 1951. 
Shankari Prasad vs. Union of India (1951):
o The Supreme Court held that the Parliament, under Article 368,
has the power to amend any part of the constitution, including
fundamental rights.
• Sajjan Singh vs. State of Rajasthan (1965):
o The Supreme Court agreed with its judgment in the Shankari
Prasad case 1951 and held that under Article 368, Parliament could
amend any part of the constitution. o However, the concurring
opinion by Justice Hidyatullah and
Justice Mudholkar raised doubts over the unrestricted power of the
Parliament to amend the Constitution and limit the fundamental
rights of citizens.
• Golak Nath vs. State Of Punjab Case (1967):
o In the Golaknath case (1967), the Supreme Court overturned
Shankari Prasad judgment and ruled that Article 368 only lays
down the procedure to amend the constitution and does not give
absolute powers to the Parliament to amend any part of the
constitution.
th
• 24 Constitution Amendment Act (1971):
o To surpass the Golaknath judgment constraints, the government
enacted the 24th Amendment act, which introduced a provision to
Article 368 of the Constitution, which stated that the Parliament
has the power to take away any of the fundamental rights. o It also
made it obligatory for the President to give his assent on all the
Constitution Amendment bills sent to him.
• Kesavananda Bharati vs. State of Kerala (1973):
o The Supreme Court, in this case, upheld the validity of the 24th
Constitution Amendment Act by reviewing its decision in the
Golaknath case. o However, the Supreme Court held that the
Parliament has the power to amend any provision of the
constitution, but in doing so, the Basic Structure of the constitution
is to be maintained. o The Court propounded what has come to be
known as the “Basic Structure of the Constitution”. o Thus, this
landmark judgment meant that every provision of the Constitution
could be amended, but these amendments can be subjected to
judicial review to ascertain that the Basic Structure of the
Constitution remains intact.
• 42nd Amendment Act (1976):
o The government in 1976 enacted the 42nd Amendment Act that
declared no limitation to the constituent power of Parliament under
article 368.
o The amendment, also called the "Mini-constitution" for
introducing wide-ranging constitutional changes, barred the courts
from questioning constitutional amendments.
• Minerva Mills vs. Union of India (1980):
o In this case, the Supreme Court invalidated provisions of the 42nd
CAA and ruled that the Parliament cannot take away the power of
‘judicial review’ as it is a part of the ‘Basic Structure’.

Which features of the constitution constitute the Basic Structure?

The components of the Basic Structure provided in the constitution have been
recognized by the judiciary in various cases to date.

Some of these components are:

• 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
• The rule of law
• Harmony and balance between Fundamental Rights and Directive
Principles
• Principle of equality
• Free and fair elections
• Independence of Judiciary
• Limited power of Parliament to amend the Constitution
• 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.

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