Basic Structure of Indian Constitution: Overview of All

Associated Cases!

The Basic Structure of Indian Constitution refers to the foundational framework and
fundamental principles that form the bedrock of our Constitution. Basic Structure
Doctrine safeguards the essential features that define our democratic system and
protects them from arbitrary changes or violations. The concept of the Basic Structure
Doctrine originated from the landmark judgment in the case of Kesavananda Bharati v.
State of Kerala in 1973.

Basic Structure Doctrine of Constitution:

Overview
The basic structure doctrine refers to the fundamental features of the Constitution that
cannot be amended or abrogated by the Parliament through the amendment process.
Some of these features comprise:

o The supremacy of the Constitution,

o The separation of powers
o The federal structure of the country,
o Secularism,
o Democracy
o The rule of law

Any amendment that violates the basic structure of the Constitution is unconstitutional
or considered invalid

Evolution of Doctrine of Basic Structure of

Constitution
The doctrine of the Basic Structure of Indian Constitution has been the subject of many
landmark judgments by the Indian judiciary. These judgments have established and
evolved the concept. A brief history of the evolution of the basic structure is discussed
below:

Shankari Prasad Case (1951)

Shankari Prasad Case was the first significant case related to the basic structure
doctrine.

o The Supreme Court ruled that Parliament’s power to amend the Constitution, as
per Article 368, has no limits.
o This implied that the Parliament can make changes to any part of the
Constitution.
o This also meant that the fundamental rights can also be amended.
o However, this case did not address the issue of basic structure of Indian
Constituion thoroughly, it was done in the Kesavananda Bharti case.

Golaknath case of 1967

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In the Golakhnath case, SC held that the Parliament does not have the power to amend
any fundamental rights.

o The Court stated that the FRs are the heart and soul of the Indian Constitution.
Therefore, FRs cannot be taken away, abridged, or curtailed by the
amendments.

This judgment established that the fundamental rights are beyond the amending power
of the Parliament. Thus providing a solid foundation for the doctrine of the basic
structure of Indian Constitution.

Kesavananda Bharati case of 1973

Kesavananda Bharati v. State of Kerala case judgment is the most important judgement
in the legal history of India. The Kesavananda Bharati Case was associated with the
validity of the 24th Constitutional Amendment Act 1971.

o 24th CAA prevents judicial review of amendments made to the Constitution.

o It was argued in the Court that the 24th CAA violated the basic structure of
Indian Constitution. Therefore it should be declared invalid and unconstitutional.

In the Kesavananda Bharti case, SC held that Parliament has the power to amend the
Constitution under Article 368. It also highlighted that this power is limited and not
unlimited.

o The Court established the concept of the "basic structure".

o Court mentioned that basic structure refers to the core principles and values that
form the foundation of the Constitution.
o The judgement said that some important features of the Constitution are part of
the basic structure of Indian Constitution. As these features are part of the Basic
structure, they cannot be changed or destroyed by amendments.
o These important features include the following:
o The Supremacy of the Constitution
o Democracy
o Federalism
o Secularism
o The protection of fundamental rights

Indira Nehru Gandhi v. Raj Narain Case of 1975

This case is often called the "Election case." It provided a different understanding of the
basic structure doctrine.

o The Supreme Court stated that having free and fair elections is a vital part of the
basic structure.
o They explained that conducting elections fairly and without bias is important to
support the democratic principles of the Constitution.
o The Court decided that the Parliament can make changes to the Constitution. But
the Court also said that this power cannot be exercised in a way that will damage
or destroy the basic structure.
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Minerva Mills Case of 1980

The Minerva Mill Case talks about the constitutional validity of provisions of the 42nd
Constitutional Amendment Act 1976. This amendment made several changes to the
Constitution, including curtailment of judicial review powers and dilution of
fundamental rights. The Supreme Court, in its judgment, declared several provisions of
the 42nd CAA as unconstitutional. Thus, maintaining the supremacy of the Constitution
and the significance of the basic structure doctrine.

The Court held that the basic structure of Indian Constitution is inviolable and cannot
be amended in a manner that damages or destroys its essential features. It reiterated
that the basic structure includes principles such as:

o The supremacy of the Constitution,

o Democratic principles,
o The rule of law, and
o The protection of fundamental rights.

Furthermore, the Court held that the Parliament can amend the Constitution under
Article 368. But this power is subject to limitations, and the features of the Constitution
that are part of the basic structure can not be amended. Any amendment that violates
or damages the basic structure would be unconstitutional and invalid.

Waman Rao Case of 1981

The Supreme Court of India further solidified the concept of the basic structure
doctrine. This case was about the constitutional validity of the 31st Constitutional
Amendment Act 1973.

o This amendment sought to exclude the jurisdiction of the High Courts in matters
related to land reforms.
o The judgment in the Waman Rao case clarified that the basic structure doctrine
is not a rigid or static concept.
o Waman Rao case mentions that the basic structure doctrine is an evolving
principle. It adapts to the new changes in the society.
o The SC said it is important to preserve the independence and effectiveness of
the judiciary because the judiciary is the guardian of the Constitution.
o The case also redefined the role of the judiciary in upholding the basic structure.
o It ensures that any attempt to infringe Constitution's core principles and values
will be considered unconstitutional.

S.R. Bommai case of 1994

This case reinforced the principles of federalism and democratic governance. These
principles are integral to the basic structure of Indian Constitution. The judgment
placed limitations on the central government's authority to dismiss state governments.
It highlighted the need to respect the principles of constitutionalism and the federal
structure.
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Elements of Doctrine Based on Basic Structure

The basic structure doctrine serves as a safeguard to protect the fundamental
principles and values enshrined in the Constitution. It ensures the integrity and stability
of the constitutional framework. The specific elements of the basic structure may be
subject to interpretation and evolve over time, they generally encompass principles
such as

o The supremacy of the Constitution

o Democratic principles
o Protection of fundamental rights
o Separation of powers
o Federalism
o Secularism
o The rule of law

These elements of Basic structure form the foundation of our Constitution. The vision of
the framers of the Indian Constitution and the aspirations of the Indian people are
reflected by these features. Let us understand each of these principles on by one:

Supremacy of the Constitution

The Basic Structure doctrine upholds that the supreme law of the land is the
Constitution. It establishes that any law or amendment that violates the basic structure
is invalid and unconstitutional.

Democratic Principles

The basic structure doctrine encompasses democratic principles such as

o Free and fair elections,

o Representative government, and
o The rule of majority while safeguarding the rights of minority groups.

Fundamental rights

The doctrine protects the fundamental rights guaranteed by the Constitution. It ensures
inviolability and prevents any amendment or law that dilutes or violates these rights.

Separation of powers

The separation of powers between the legislature, executive, and judiciary is an

essential feature of the Constitution which is part of the Basic structure doctrine. It
aims to prevent the concentration of power in one authority, ensuring a system of
checks and balances.
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Judicial review

The doctrine affirms the power of the judiciary to review legislative and executive
actions. This makes sure that these actions are in conformity with the Constitution and
the basic structure. This ensures the rule of law concept.

Federalism

The doctrine upholds the federal structure of the Constitution. It preserves the
distribution of powers between the central and state governments.

Secularism

The basic structure doctrine protects the secular fabric of the Constitution. It ensures
equal treatment of all religions and prevents the establishment of a state religion.

Unity and integrity of the nation

The doctrine safeguards the unity and integrity of the nation. It prevents any attempt
to undermine or dismantle the territorial integrity of the country.

Rule of law
The doctrine of basic structure reinforces the principle of the rule of law. It ensures that
laws are just, fair, and applied equally to all citizens, without any discrimination.

Significance of Basic Structure

The significance of the Doctrine of Basic Structure in the Indian Constitution cannot be
overstated. Here are some key points highlighting its significance:

o Constitutional Integrity: The doctrine ensures the integrity and stability of the
Constitution. It safeguards the fundamental principles and values embedded in
the Constitution from arbitrary or whimsical changes. Therefore, it preserves the
constitutional order.
o Protection of Fundamental Rights: The doctrine is a shield for fundamental rights.
It prevents the dilution or abrogation of fundamental rights. It prohibits
amendments or laws that violate or undermine the core essence of these rights.
o Checks and Balances: The basic structure doctrine upholds the separation of
powers among the three branches of government. It maintains a system of
checks and balances. It prevents any encroachment of power by one branch.
o Judicial Review: The doctrine reinforces the power of judicial review. It empowers
the judiciary to scrutinize legislative and executive actions. This ensures their
conformity with the Constitution and the basic structure. This allows the judiciary
to act as a custodian of the Constitution, protecting it from potential violations.
o Constitutional Consistency: The basic structure doctrine promotes consistency
and harmony within the Constitution. It prevents any amendment or law that
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contradicts or negates other provisions of the Constitution. This helps to

maintain a coherent constitutional framework.
o Preservation of Core Values: The doctrine safeguards the core values of the
Constitution. These values include democracy, secularism, federalism, and the
rule of law. It ensures that these principles are not compromised over time,
maintaining the essence of the Constitution.
o Evolutionary Nature: The basic structure doctrine recognizes the evolutionary
nature of the Constitution. While preserving the core elements, it allows for
adaptation and growth. This enables the Constitution to respond to the changing
needs and aspirations of society. This is done without compromising the basic
structure of Indian Constitution.
o Public Confidence: The doctrine instils public confidence in the constitutional
system. It ensures that the Constitution remains true to its foundational
principles. It generates trust and faith among citizens. It also enhances their
belief in the constitutional framework and democratic governance.

The Basic Structure Doctrine is an important concept in Indian constitutional law. It sets
out the fundamental features of the Constitution that cannot be altered or destroyed by
the government.

Arguments Associated with Basic

structure Doctrine
The Doctrine of Basic Structure is one of the most debated and controversial topics in
India. Here are some of the major arguments associated with the doctrine of basic
structure:

Upholding the Constitutional Supremacy

The supporters of the doctrine argue that it upholds constitutional supremacy. It also
protects the Constitution from any arbitrary changes made by the government. The
doctrine ensures that the Constitution is not amended to damage its core principles.

Preserving the Fundamental Rights

The doctrine ensures that the FRs guaranteed under the Constitution are not
undermined or diluted. It provides a safeguard against any attempt to dilute or
abrogate fundamental rights through constitutional amendments.

Promoting Judicial Activism

The doctrine of basic structure has provided the Indian judiciary with a platform to
promote judicial activism. It has given the judiciary the power to strike down
constitutional amendments that violate the basic structure.
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Restraining the Powers of the Legislature

The opponents of the doctrine argue that it restrains the powers of the legislature. They
contend that the doctrine of basic structure gives the judiciary the power to veto
legislative decisions. This power goes against the principles of democracy.

Inviting Judicial Overreach

The opponents of the doctrine argue that it may invite judicial overreach. They contend
that the judiciary should not have the power to decide what forms the basic structure of
Indian Constitution.

Limiting the Powers of the People

The opponents argue that the doctrine limits the powers of the people. They contend
that the doctrine gives the judiciary the power to overrule the will of the people.

Conclusion
The Doctrine of Basic Structure serves as a pillar of the Indian Constitution. It serves as
an important safeguard, upholding the supremacy of the Constitution, protecting
fundamental rights, and maintaining the system of checks and balance among the
organs of government.

The doctrine's significance lies in its ability to preserve the core values of the
Constitution. The doctrine adapts to the changing needs of society while ensuring the
integrity and stability of the Constitution. The Doctrine of Basic Structure has reinforced
the importance of constitutional values and ensured the preservation of the
constitutional order.