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Basic Structure

The Doctrine of Basic Structure, established by the Supreme Court in the Kesavananda Bharati case in 1973, asserts that Parliament cannot amend the Constitution in a way that destroys its basic structure. This doctrine includes principles such as the supremacy of the Constitution, separation of powers, and the independence of the judiciary, which are essential for maintaining democracy and justice. While the doctrine is widely accepted, debates continue regarding its specific components and implications.

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Jyotsna Sadakale
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6 views

Basic Structure

The Doctrine of Basic Structure, established by the Supreme Court in the Kesavananda Bharati case in 1973, asserts that Parliament cannot amend the Constitution in a way that destroys its basic structure. This doctrine includes principles such as the supremacy of the Constitution, separation of powers, and the independence of the judiciary, which are essential for maintaining democracy and justice. While the doctrine is widely accepted, debates continue regarding its specific components and implications.

Uploaded by

Jyotsna Sadakale
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Doctrine of Basic Structure | 17 May 2024

Introduction

The Doctrine of Basic Structure is not specifically mentioned in the Constitution.


This doctrine is a judicial innovation and was given its shape by the Supreme Court in the Kesavananda Bharati v.
State of Kerala (1973) case.
This concept was introduced by the judiciary in order to tide over the spate of amendments, which were eroding the
edifice of our Constitution.
It evolved the concept of separation of powers among the three branches of governance — legislative, executive, and
judiciary.

What is the Concept of Doctrine of Basic Structure?

The doctrine of basic structure states that if the Parliament passes any law that destroys the basic structure of the
Constitution, that law will be declared invalid to the extent that it violates the basic structure.
The Supreme Court's main goal while developing this doctrine was to uphold its authority as the highest court and to
maintain a balance of power among the three branches of the government: the legislature, the executive, and the
judiciary.

How did the Evolution of the Basic Structure Doctrine Occur?

Shankari Prasad v. Union of India (1951):


The Supreme Court pined that the power of the parliament to amend the constitution under Article 368 also
includes the power to amend Fundamental Rights.
It based its judgment on the logic that the word ‘law’ mentioned in Article 13 includes only ordinary laws and
not constitutional amendment acts.
IC Golaknath v. State of Punjab (1967):
Supreme Court overruled its judgment.
That Fundamental Rights are given a transcendental and immutable position and hence the Parliament cannot
abridge or take away any of these rights.
It opined that the constitutional amendment act is also a law under Article 13.
Parliament reacted to this judgment by enacting the 24th Amendment Act which included a provision in Article
368 which declared that Parliament has power to take away any of the fundamental rights.
Kesavananda Bharati v. State of Kerala (1973):
The genesis of the Basic Structure Doctrine can be traced back to the landmark case of Kesavananda Bharati in
1973.
The Supreme Court, in a razor-thin majority of 7:6, held that there are inherent limitations on the amending
power of the Parliament.
Chief Justice S M Sikri, delivering the judgment, propounded the idea that although the Parliament has the
authority to amend the Constitution, it cannot alter its basic structure.
42nd Constitutional Amendment Act, 1976:
Amended Article 368 – no limitation on the constituent power of Parliament.
Any amendment cannot be questioned in any court on any ground.
Minerva Mills v. Union of India (1980):
The Supreme Court has held that the following are the basic features of the Constitution: -
Limited power of parliament to amend the Constitution
Harmony and balance between Fundamental Rights and Directive Principles;
Fundamental Rights in certain cases;
The power of judicial review in certain cases.
Doctrine's Affirmation in Subsequent Cases:
The Basic Structure Doctrine has been affirmed and clarified in several subsequent cases, solidifying its status as
a constitutional principle.
Notable among these are the Indira Gandhi v. Raj Narain (1975) and Waman Rao v. Union of India (1980).

What are the Components of the Basic Structure?

The Basic Structure Doctrine identifies certain features as the foundational pillars of the Indian Constitution, beyond the
reach of amendment. These components are crucial for maintaining the essence of democracy, justice, and equality.

Supremacy of the Constitution:


The supremacy of the Constitution is a cardinal principle of the Basic Structure Doctrine.
Any amendment that seeks to dilute or undermine this supremacy is considered violative of the basic
structure.
In the Kesavananda Bharati case, it was emphasized that the Constitution is the supreme law of the land, and no
amendment can alter its fundamental structure.
Republican and Democratic Form of Government:
The Basic Structure includes the republican and democratic form of government, ensuring that the people's will
is reflected in the functioning of the state.
This concept was discussed in the case of Indira Gandhi v. Raj Narain (1975).
Secularism:
Secularism is an integral part of the Basic Structure, ensuring the state's impartiality in matters of religion.
The judiciary has consistently held that any amendment seeking to establish a theocratic state or erode the
secular fabric would be unconstitutional.
The court observed this concept in the case of S R Bommai v. Union of India (1994).
Federal Structure:
The federal structure of the Constitution, balancing power between the center and states, is considered a basic
feature.
Any attempt to disrupt this balance would be seen as an assault on the basic structure.
Separation of Powers:
The Basic Structure includes the separation of powers among the legislative, executive, and judicial branches.
Amendments that infringe this delicate balance and concentrate power excessively in one branch are vulnerable
to judicial scrutiny.
Judicial Review:
Judicial review is an inherent part of the Indian Constitution, allowing the judiciary to review the actions of the
executive and legislative branches.
Independent Judiciary:
An independent judiciary serves as a check on the powers of the executive and legislative branches of
government.
It ensures that these branches do not exceed their constitutional authority and act in accordance with the rule of
law.
The judiciary is often seen as the guardian of the constitution. Its role includes interpreting the constitution,
resolving constitutional disputes, and ensuring that government actions comply with constitutional principles.
In the matter of SC Advocates-on-Record Association v. Union of India (2015), the SC nullified the
constitutionality of the National Judicial Appointment Commission Act, 2014 (NJAC) to uphold the
independence of judiciary in appointments of judges of SC and High Courts.

Conclusion

The basic structure doctrine strikes a fine balance between flexibility and rigidity, which should be present in the power to
amend any Constitution. Today, there is no disagreement over the existence of the doctrine itself. The only issue that arises
repeatedly is the specifics or contents of the doctrine. Certain elements of the doctrine have been reaffirmed repeatedly by
the Courts, whereas some aspects are still being deliberated upon and discussed.

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