Basic Structure Doctrine – Gladiators Arena

Polity

Introduction

The Basic Structure Doctrine is a legal principle established by judicial interpretation in several countries, notably in India, which asserts that certain fundamental features of a constitution are immutable and cannot be altered by amendment. This doctrine has far-reaching implications for constitutional interpretation, limiting the powers of legislative bodies and protecting the foundational framework of the constitution from arbitrary changes.

Evolution of Basic Structure Doctrine in India

Basic Structure encompasses basic and core values which form the bedrock of the Indian Constitution.
It is a Judicially innovative doctrine that is neither defined under the Constitution nor defined by the Supreme Court or any other court.
- Various judgments of the Supreme Court form the bedrock of the Basic Structure Doctrine.
Present Position: Under Article 368, Parliament can amend any part of the Constitution, including the Fundamental Rights, but without affecting the ‘basic structure’ of the Constitution.

Cases	Description
Shankari Prasad Case 1951	Whether parliament can curtail Fundamental Rights under Article 368 was dealt with in this case. Challenging 1st Amendment Act (1951): The constitutional validity of the 1st Amendment Act (1951), which curtailed the Right to Property, was challenged. View of Supreme Court: Under Article 368, Parliament can amend Fundamental Rights (FR). Article 13 includes only ordinary law and not constitutional amendment law. Amendments abridging FR cannot be void under Article 13.
Golaknath Case 1967	Challenging The 17th Amendment (1964): Which inserted certain state laws in the 9th Schedule, was challenged. View of Supreme Court: FRs are transcendental and immutable. Parliament cannot abridge or take away any FR. Constitutional Amendment Acts are laws under Article 13. So, any amendment violating FR would be void under Article 13.
Parliament’s Reaction to Golaknath Case	24th Amendment Act (1971): The act amended Articles 13 and 368. Parliament can take away any FR under Article 368, and such acts are not laws under Article 13.
Kesavananda Bharati Case 1973	Supreme Court: Overruled its judgment in the Golaknath Case (1967) and upheld the 24th Amendment. The Basic Structure Doctrine was laid down by SC. Parliament cannot alter the basic structure of the Constitution. Parliament cannot take away FR that forms the Basic Structure Doctrine.
39th Amendment 1975	Election disputes between the PM and the Speaker of LS were kept outside the jurisdiction of the court, affecting the basic structure.
Indira Nehru Gandhi Case 1975	Supreme Court: Invalidated 39th Amendment. Judicial review is a basic structure.
42nd Amendment 1976	Amended Article 368, no limitations on constituent power of parliament and no amendment can be questioned in courts.
Minerva Mills Case 1980	Invalidated above changes under the 42nd Amendment. Judicial review is a basic structure of the Constitution.
Waman Rao case 1981	Again, the Supreme Court adhered to the doctrine of the ‘basic structure’ and clarified that it would apply to constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati case).
IR Coelho vs State of Tamil Nadu, 2007	The SC ruled that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the Constitution.

99th Constitutional Amendment: Provided National Judicial Appointment Commission (NJAC) in place of Collegium System for appointment of judges.
SC said the amendment is invalid as the independence of the judiciary is a basic structure.

Elements of Basic Structure Doctrine

The Supreme Court has yet to provide a definitive definition of the ‘basic structure’ of the Constitution.
- However, from various judgments, certain elements or components have been identified as the ‘basic features’ of the Constitution as its ‘basic structure’ as given below:

Separation of powers between the legislature, the executive, and the judiciary	Sovereign, democratic, and republican nature of the Indian polity.
Secular character of the Constitution.	Supremacy of the Constitution.
Federal character of the Constitution.	Unity and integrity of the nation.
Welfare state (socio-economic justice).	Judicial review.
Freedom and dignity of the individual.	Parliamentary system.
Rule of law.	Principle of equality.
Free and fair elections.	Independence of Judiciary.
Balance between Fundamental Rights and Directive Principles.	Limited power of Parliament to amend the Constitution.
Effective access to justice.	Principles (or essence) underlying fundamental rights.
Powers of the Supreme Court under Articles 32, 136, 141 and 142.	Powers of the High Courts under Articles 226 and 227.

Elements of Basic Structure Doctrine

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