Basic Structure Doctrine
Polity
Kesavananda Bharati vs State of Kerala (1973)
- Supreme Court (7–6 majority) held Parliament can amend any part of the Constitution but cannot alter the “basic structure”.
- Doctrine ensures amendment power is not misused.
- Protects core identity of the Constitution.
Shankari Prasad Case (1951)
- SC held Constitutional Amendment is not “law” under Article 13.
- Parliament can amend Fundamental Rights.
Sajjan Singh Case (1965)
- Parliament can amend any part of the Constitution including FRs.
Golaknath Case (1967)
- SC held FRs have a “transcendental position”.
- Parliament cannot amend Fundamental Rights.
24th Constitutional Amendment Act (1971)
- Amended Articles 13 and 368.
- Gave Parliament clear authority to amend FRs via Constitutional Amendment.
Kesavananda Bharati Case (1973)
- Validated the 24th Amendment.
- Declared Parliament’s amending power is limited by the Basic Structure.
- Basic Structure not defined; developed through subsequent cases.
Indira Nehru Gandhi vs Raj Narain (1975)
- Struck down Article 329A(4) inserted by 39th Amendment.
- Election of key constitutional offices placed beyond judicial review was unconstitutional.
- Violated basic structure principles.
Minerva Mills Case (1980)
- Strengthened Basic Structure Doctrine.
- Struck down parts of 42nd Amendment.
- Added new basic features:
• Judicial review
• Balance between Fundamental Rights and DPSPs
- Limited amending power itself is part of Basic Structure.
Waman Rao Case (1981)
- Drew a line: Amendments before April 24, 1973 (Kesavananda date) are valid.
- Amendments to Ninth Schedule after that date open for judicial review.
Indra Sawhney Case (1992)
- Related to reservations under Article 16(4).
- Upheld 27% OBC quota with conditions:
• Creamy layer exclusion
• No reservation in promotions
• Cap of 50%
- Added “Rule of Law” to Basic Structure.
S.R. Bommai Case (1994)
- Applied Basic Structure to prevent misuse of Article 356.
- State policies violating Basic Structure justify Central intervention.
Basic Features of the Constitution
- Supremacy of Constitution
- Sovereign, Democratic, Republican nature
- Secularism
- Separation of powers
- Federalism
- Unity and integrity of India
- Welfare state & socio-economic justice
- Judicial review
- Freedom and dignity of the individual
- Parliamentary system
- Rule of law
- Harmony between FRs and DPSPs
- Equality principle
- Free and fair elections
- Independence of judiciary
- Limited power of Parliament to amend Constitution
- Access to justice
- Essence of Fundamental Rights
- Supreme Court powers under Articles 32, 136, 141, 142
- High Court powers under Articles 226, 227
Significance of Basic Structure Doctrine
- Acts as a limitation on Parliament—protects democracy from authoritarian tendencies.
- Preserves vision of founding fathers.
- Protects core constitutional values across time.
- Ensures judiciary remains independent.
- Prevents Parliament from abolishing citizens’ fundamental protections.
- Dynamic and flexible, allows evolution through judicial interpretation.
Criticism
- Vague and undefined concept.
- Judiciary gets excessive power; disturbs balance between organs.
- Seen as undemocratic—unelected judges can strike down amendments.
- Fali S. Nariman: “Guardians of the Constitution have become guardians over the Constitution.”
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Subject: Polity
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