Basic Structure Notes
The Basic Structure Doctrine is a judicial principle that ensures certain fundamental aspects of the Constitution cannot be altered by Parliament through amendments.
Meaning of Basic Structure Doctrine
- Ensures that Parliament cannot destroy the fundamental principles of the Constitution.
- Not explicitly mentioned in the Constitution but evolved through Supreme Court judgments.
- Prevents authoritarian rule by limiting Parliament’s amending power (Article 368).
- Introduced in Kesavananda Bharati Case (1973).
- Example: Parliament can amend the Constitution but cannot change India’s democracy into a dictatorship.
Evolution of the Basic Structure Doctrine (Important Supreme Court Cases)
Key Takeaway: The Kesavananda Bharati Case (1973) established the Basic Structure Doctrine, and subsequent cases strengthened it.
Elements of the Basic Structure
The Supreme Court has not given an exhaustive list, but the following principles are considered part of the Basic Structure:
- Supremacy of the Constitution.
- Sovereign, democratic, and secular character of India.
- Separation of powers between Legislature, Executive, and Judiciary.
- Judicial Review (Power of SC to examine laws).
- Federal character of the Constitution (Centre-State relations).
- Unity and integrity of the nation.
- Fundamental Rights & Directive Principles of State Policy (DPSP).
- Parliamentary system of government.
- Free and fair elections.
- Power of the Supreme Court under Article 32 (Right to Constitutional Remedies).
Example: Parliament cannot abolish Fundamental Rights or change India into a dictatorship, as it would violate the Basic Structure.
Importance of the Basic Structure Doctrine
- Prevents unconstitutional amendments – Limits Parliament’s power under Article 368.
- Protects democracy, secularism, and fundamental rights.
- Acts as a safeguard against authoritarianism.
- Maintains balance between amendment power and constitutional stability.
- Strengthens judicial review and independence of the judiciary.
- Example: The Supreme Court struck down parts of the 39th & 42nd Amendments (which tried to increase Parliament’s power) to protect democracy.
Criticism of the Basic Structure Doctrine
- Not explicitly mentioned in the Constitution – Evolved through judicial interpretation.
- Gives excessive power to the judiciary – Unelected judges can overrule Parliament’s decisions.
- Creates conflict between the Judiciary & Legislature – Parliament claims it represents the people’s will, while courts claim to protect constitutional principles.
- Example: The government has often criticized the Supreme Court for overstepping its power.
Key Takeaways for UPSC
- Basic Structure Doctrine was established in Kesavananda Bharati Case (1973).
- Parliament can amend the Constitution but cannot alter its Basic Structure.
- Ensures that India remains a sovereign, democratic, and secular state.
- Minerva Mills Case (1980) reaffirmed that Parliament’s power is limited.
- Judicial Review (Article 32) is part of the Basic Structure.
- Strengthens democracy by preventing authoritarian rule.