Basic Structure of the Constitution

Basics

• The fundamental framework of a sovereign state’s constitution contains specific features that cannot be changed by its legislature, according to common law legal concept.
• The term basic structure itself is nowhere mentioned in the constitution of India.

Evolution of Basic Structure

• Shankari Prasad Case (1951): Parliament can amend any part of the Constitution, including Fundamental Rights.
• Sajjan Singh Case (1965): Reaffirmed Parliament’s absolute power to amend the Constitution.
• Golaknath Case (1967): Declared Fundamental Rights inviolable, limiting Parliament’s amendment powers under Article 368.
• Kesavananda Bharati Case (1973): Introduced the Basic Structure Doctrine, restricting Parliament from altering the Constitution’s basic framework.
• Indira Gandhi vs. Raj Narain (1975): Judicial review and free elections upheld as part of the basic structure; invalidated the 39th Amendment.
• Minerva Mills Case (1980): Declared the balance between Fundamental Rights and Directive Principles as part of the basic structure; struck down parts of the 42nd Amendment.
• Waman Rao Case (1981): Pre-1973 amendments upheld; post-Kesavananda amendments subject to basic structure review.
• SR Bommai Case (1994): Included federalism, secularism, and democracy in the basic structure; curbed misuse of President’s Rule.
• I.R. Coelho Case (2007): Laws placed in the Ninth Schedule post-1973 can be reviewed if they violate the basic structure.

Elements of Basic Structure Doctrine

1.  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. Limited power of Parliament to amend the Constitution
17. Effective access to justice
18. Principles (or essence) underlying fundamental rights
19. Powers of the Supreme Court under Articles 32, 136, 141 and 142
20. Powers of the High Courts under Articles 226 and 227

Cases Related to Basic Structure Doctrine