Basic Structure of Indian Constitution

Basic structure of Indian constitution is a doctrine that states that the constitution of a sovereign state India has certain elements that cannot be infringed upon by the legislature. In this article, you will learn about the evolution of basic structure of constitution, features of basic structure of Indian constitution and theory of basic structure of constitution providing key insights for GS Paper-II Polity and Governance section of UPSC IAS Exam.

Table of Content

• What is the basic structure of Indian constitution?
• Emergence of the basic structure of constitution
• What are the elements of basic structure of Indian constitution?
• What are the basic structure of Indian constitution?
• What is basic structure of the constitution?
• History of basic structure in India
• Conclusion
• Frequently Asked Questions

What is the basic structure of Indian constitution?

• The basic structure of the Indian constitution is a doctrine that states that the constitution of a sovereign state India has certain elements that cannot be infringed upon by the legislature. 

Emergence of the basic structure of constitution:

• The issue of whether Fundamental Rights can be amended by Parliament under Article 368 was brought before the Supreme Court (SC) after the Constitution came into effect.
• In the Shankari Prasad case (1951), the constitutionality of the 1^st Amendment Act (1951), which restricted the right to property, was challenged.
  • The SC ruled that Parliament can amend Fundamental Rights under Article 368.
  • The word ‘law’ in Article 13 only refers to ordinary laws and not constitutional amendment acts.
  • Parliament can modify or remove Fundamental Rights through a constitutional amendment actswithout violating Article 13.
• In the Golak Nath case (1967), the constitutional validity of the 17^th AmendmentAct1964, which added certain acts to the 9^th Schedule, was challenged. The SC held that:
  • The Fundamental Rights hold a “transcendental and immutable” position and cannot be abridged or taken away by Parliament.
  • A constitutional amendment acts is also considered a law under Article 13, and thus constitutional amendment acts would be void if it violates any Fundamental Rights.
• In response to the Golak Nath case, Parliament passed the 24th AmendmentAct (1971).
  • This amendment declared that Parliament can modify or remove Fundamental Rights under Article 368, and such an act will not be considered law under Article 13.
• In the Kesavananda Bharati case (1973), the SCoverruled its decision in the Golak Nath case. The SC held that:
  • The 24th Amendment Act is valid and Parliament has the authority to modify or remove Fundamental Rights.
  • The basic structure of constitution cannot be amended by Parliament while exercising its constituent power under Article 368.
    • This established the doctrine of basic structure of the Constitution.
    • The Parliament cannot abridge or take away a Fundamental Right that is part of the basic structure of the Constitution.
• The doctrine of basic structure of Indian constitution was reaffirmed by the SC in the Indira Nehru Gandhi case (1975). The SC held that:
  • The 39th Amendment Act (1975) that excluded electiondisputes involving the Prime Minister and the Speaker of Lok Sabha from the jurisdiction of all courts is not valid.
    • This provision affected the basic structure of the Constitution of India.
• The Parliament enacted the 42^nd Amendment Act (1976) in response to the basic structure doctrine of the Indian constitution.
  • The amendment declared that there are no limitations on Parliament’s constituent power and no amendment can be challenged in any court on any grounds, including contravention of Fundamental Rights.
• In the Minerva Mills case (1980), the SC invalidated the 42^nd Amendment Act provision as it eliminated judicial review, which is a basic feature of the Constitution. The SC stated that:
  • The Parliament under Article 368, cannot expand its amending power to the extent of repealing or abrogating the Constitution or destroying its basic features.
• In the Waman Rao case (1981), the SC clarified that the doctrine of basic structure under Indian constitution applies to constitutional amendment acts enacted after April 24, 1973.
  • This was the date of the judgment in the Kesavananda Bharati case.

What are the elements of basic structure of Indian constitution?

• Currently, the Parliament has the authority to amend any portion of the Constitution, including the Fundamental Rights using Article 368, while ensuring that the “basic structure” of the Constitution remains as it is.
• The SC has not yet clarified what exactly constitutes the basic structure in Indian constitution.

What are the basic structure of Indian constitution?

• Supremacy of the Constitution
• Unity and integrity of the nation
• Secular character of the Constitution
• Sovereign, democratic and republican nature of the Indian polity
• Separation of powers between the legislature, the executive and the judiciary
• Federal character of the Constitution
• Independence of Judiciary
• Judicial review
• Parliamentary system
• Welfare state (socio-economic justice)
• Freedom and dignity of the individual
• Rule of law
• Balance between Fundamental Rights and Directive Principles
• Principle of equality
• Free and fair elections
• Limited power of Parliament to amend the Constitution
• Effective access to justice
• Principles (or essence) underlying fundamental rights
• Powers of the SC under Articles 32, 136, 141 and 142
• Powers of the High Courts under Articles 226 and 2277

History of basic structure in India:

Conclusion

The concept of the “basic structure” of the constitution remains undefined by the SC. While the Parliament holds the power to amend any part of the Constitution, including the Fundamental Rights, it cannot infringe upon the “basic structure.” The basic structure of the Constitution according to SC are the themes that were present in the mind of constitutional makers and thus derives many of its conclusion from the parliamentary debates.

Ref: Source-1

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