What is the basic Structure of the Constitution of India

Basic Structure of the Indian Constitution:

 

The Doctrine of Basic Structure is a key principle in the Indian constitutional jurisprudence that upholds the core principles and values of the Constitution. It was established by the Supreme Court of India in the historic case of Kesavananda Bharati v. State of Kerala in 1973. The doctrine essentially holds that there are certain fundamental features of the Constitution that cannot be amended by the Parliament, even if it possesses the power to amend other provisions of the Constitution.

 

The Supreme Court, in its judgment, ruled that while the amending power of the Parliament under Article 368 of the Constitution is wide, it does not give the Parliament the authority to destroy or alter the essential features and basic structure of the Constitution. The court held that there are certain basic features of the Constitution that form its core identity and cannot be violated or abrogated by any constitutional amendment.

 Presently, the exclusively power of the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the 'basic features' of the Constitution. 

The Supreme Court is still not define the 'basic structure' of the Constitution. The word 'basic structures' is not mentioned in the Constitution of India. According to several judgements, the following have emerged as 'basic structures' of Constitution or elements of the 'basic features' of the Constitution.

Though the Constitution does not explicitly define the basic structure, the Supreme Court has identified certain principles and features that are considered part of the basic structure. Some of these features include:

 

1.      Supremacy of the Constitution: The doctrine upholds the supremacy of the Constitution as the fundamental law of the land.

 

2.      Republican and Democratic form of government: It ensures the establishment and maintenance of a democratic system of government and the republican character of the state.

 

 

3.      Secularism: The principle of secularism, which guarantees equal treatment and protection to all religions, is considered an essential feature.

 

4.      Judicial Review: The power of judicial review, which allows the judiciary to interpret the Constitution and strike down laws that violate its provisions, is regarded as a basic feature.

 

 

5.      Separation of Powers: The doctrine emphasizes the separation of powers among the executive, legislature, and judiciary, ensuring checks and balances.

 

6.      Federalism: The federal structure of government, which establishes a division of powers between the Union and the states, is considered a basic feature.

 

 

7.      Rule of Law: The doctrine affirms the principle of rule of law, ensuring that everyone, including the government, is subject to and governed by the law.

 

8.      Equality and Non-discrimination: The guarantee of equality before the law and the prohibition of discrimination based on religion, race, caste, sex, or place of birth are essential aspects.

 

According to the Kesavananda Bharati Case landmark judgement listed some 'basic structures' of the Constitution as :

I. Supremacy of the Constitution

II. Unity and Integrity of India

III. Sovereign, Democratic and Republican from of Government

IV. Federal Character of the Constitution

V. Secular Character of the Constitution

VI. Separation of Powers among the Legislature, the Executive and the Judiciary

VII. Freedom and Dignity of the Individual

Over time, several judgements added other features to the list of 'basic features' of the Constitution. They are :

VIII. Welfare State (Socio-economic justice)

IX. Principle of Equality

X. Effective access to Justice

XI. Rule of Law

XII. Judicial Review

XIII. Parliamentary System

XIV. Limited Power of Parliament to amend the Constitution

XV. Harmony and balance between Fundamental Rights and Directive Principles

XVI. Independent Judiciary

XVII. Free and Fair Election

XVIII. Principle of Reasonableness

IXX. Powers of the Supreme Court under Articles 32, 136, 142 and 147

XX. Powers of the High Court under Articles 226 and 227.

How is 'Basic Structures' of the Constitution evolved ?

Fourty Seven years ago, in the landmark judgement in Kesavananda Bharati Vs State of Kerala case (1973) the concept of 'basic structures' came into existence. But it was evolved from the Shankari Prasad Case (1951).

Shankari Prasad Case (1951) :

• In this case, the Supreme Court Judgement that the Parliament can amending the Constitution under Article 368 also includes the power to amend Fundamental Rights.

• According to judgement,  Power of Parliament to amending Fundamental Rights and making a law will not be void under Article 13. (The word 'law' in Article 13 includes only ordinary laws and not the Constituent laws by the SC contended).

Golak Nath Case (1967) :

• In this case, the Supreme Court ruled that the Fundamental Rights are given a 'transcendental and immutable' position and hence, the Parliament cannot abridge or take away any of these rights.

• In this case, The word 'law' in Article 13 is a constituent laws.

• It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an act will not be a law under the meaning of Article 13.

Kesavananda Bharati Case (1973) :

• This was historical judgement for given the concept of the 'basic structure' doctrine.

• In this case, Parliament is empowered to abridge or take away any of the Fundamental Rights and it laid down a new doctrine of the 'basic structure' of the Constitution.

• The power of Parliament under Article 368 does not enable it to alter the 'basic structure' of the Constitution.

• It means that Parliament can amend Fundamental Rights without affecting part of the 'basic structure' of the Constitution.

Minerva Mills Case (1980) :

• In this case, strengthen the 'basic features' of the Constitution. The limitation over amending power of Parliament.

• The Parliament is not supreme because the Supreme Court added two new features to the list of 'basic features' of the Constitution. They were Judicial Review and balsbal between Fundamental Rights and DPSP.

• A limited amending power of Parliament is one of the 'basic structure' of the Constitution.

...

Article 368 : 

Article 368 in Part XX of the Constitution deals with the Powers of Parliament to amend the Constitution and it's procedure.

Article 13 : 

Article 13 in Part III of the Constitution declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. (It provides the doctrine of Judicial Review).

Article 32 :

Article 32 in Part III of the Constitution confers the right to remedies for enforcement of the Fundamental Rights of an aggrieved citizens.

The Supreme Court (under Article 32) and the High Court (under Article 226) can issue the Writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.

 

The Doctrine of Basic Structure acts as a safeguard against arbitrary changes to the Constitution and protects the foundational principles that give the Constitution its identity. It ensures the continuity and stability of the Constitution while allowing for necessary amendments that do not violate its basic structure. The Supreme Court has the authority to review constitutional amendments and strike them down if they are found to violate the basic structure of the Constitution.

Practice Some Multiple-choice Questions (MCQ) on the Basic Structure of the Indian Constitution:

 

1. The basic structure doctrine of the Indian Constitution was established in which landmark case?

a) Golaknath case

b) Kesavananda Bharati case

c) Indira Gandhi case

d) Minerva Mills case

 

Answer:

b) Kesavananda Bharati case

2. According to the basic structure doctrine, which of the following cannot be amended by the Parliament?

a) Fundamental Rights

b) Directive Principles of State Policy

c) Preamble

d) All of the above

 

Answer:

d) All of the above

 

3. Who propounded the theory of the basic structure of the Indian Constitution?

a) B.R. Ambedkar

b) Jawaharlal Nehru

c) M. N. Roy

d) H. M. Seervai

 

Answer:

c) M. N. Roy

 

4. The doctrine of basic structure provides for:

a) Limited powers of the Parliament

b) Judicial review of legislative actions

c) Separation of powers between the executive, legislature, and judiciary

d) Supremacy of the Constitution

 

Answer:

d) Supremacy of the Constitution

 

5. The basic structure doctrine was first mentioned in which article of the Indian Constitution?

a) Article 32

b) Article 13

c) Article 368

d) Article 21

 

Answer:

b) Article 13

References

Constitution of India

GoI

Indian Polity by M. Laxmikant