Apna Gyaan

The constitution of India does not have the word Basic Structure in it. The doctrine of basic structure came for the first time in the Keshvanand Bharti case. It ruled that the constituent power of Parliament under Article 368 can not alter the ‘Basic structure of the Indian Constitution’.

Evolution of the Basic Structure of the Indian Constitution

Shankari Prasad v/s Union of India Case

After a year of the Constitution coming into force first amendment in the constitution took place. Shankari Prasad vs. Union of India case challenged the first constitutional amendment act, 1951.

The Fundamental (Right to property) which curtailed was challenged in this case. The Supreme court ruled that the power of the Parliament to amend the constitution under Article 368 also includes the power to amend Fundamental Rights. The word ‘law’ in Article 13 includes only ordinary laws and not the constitutional amendment acts (constituent laws).

Golak Nath v/s State of Punjab Case

But in the Golak Nath vs State of Punjab case(1967), the Supreme Court reversed its earlier decision. The Supreme Court held that the Parliament has no power to amend Part III of the constitution as the fundamental rights are transcendental and immutable. hence the Parliament cannot take away any of these rights. According to the supreme court ruling, Article 368 does not give absolute power to Parliament to amend any part of the Constitution.

The Parliament reacted to the Supreme Court’s judgment by enacting the 24th Amendment Act (1971). This Act amended Articles 13 and 368. The act gave the absolute power to the parliament to make any changes in the constitution including the fundamental rights. It also made it obligatory for the President to give his assent on all the Constitution Amendment bills sent to him.

Kesavanand Bharti v/s State of Kerala Case

In Kesavananda Bharti vs State of Kerala case (1973), the Supreme court overruled its judgment in the Golaknath case(1967) and upheld the validity of the 24th amendment Act.

The Supreme Court held that the Parliament has the power to amend any provision of the constitution, but at the same time it laid down the doctrine of the basic structure.

It held that the “basic structure of the Constitution could not be abrogated even by a constitutional amendment”. But the Apex Court did not any clear definition of the basic structure.

In the 42nd amendment Act, 1976 Parliament reacted on the doctrine of the basic structure. This act amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground.

Minerva Mills Case

The Supreme court in Minerva mills case (1980) invalidated 42nd amendment provisions because Judicial review is a basic feature of the constitution.

Elements of the Basic Structure

The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the basic structure of the Indian Constitution. However Basic features are not yet defined by the supreme court, From the various judgments, the following emerged as basic features –

1. The supremacy of the Constitution
2. Sovereign, democratic and republican nature of the Indian polity
3. Secular character of the Constitution
4. Separation of powers between the legislature, the executive and the judiciary
5. Federal character of the Constitution
6. Unity and integrity of the nation
7. Welfare state (socio-economic justice)
8. Judicial review
9. Freedom and dignity of the individual
10. Parliamentary system
11. Rule of law
12. Harmony and balance between Fundamental Rights and Directive Principles
13. Principle of equality
14. Free and fair elections
15. Independence of Judiciary
16. Effective access to Justice

So, guys, this was all about the basic structure of the Indian Constitution. Remember, constitutional amendments can not change the basic structural elements of the Indian Constitution.

Thanks and Stay Civilized. 😊