Syllabus Relevance

Prelims: Current events of national and international importance; Polity.
Mains GS-II: Constitution—historical underpinnings, evolution, features, amendments, significant provisions, and Basic Structure.

Why in News?

Chief Justice of India Surya Kant recently remarked that the Supreme Court’s landmark 1973 Kesavananda Bharati judgment, which laid down the Basic Structure Doctrine, is “not merely a legal precedent” but a profound affirmation of India’s commitment to constitutionalism and the rule of law. The remark has renewed focus on the role and evolution of this doctrine in safeguarding the Constitution.

Basic Structure Doctrine: Meaning

The Basic Structure Doctrine is a judicial principle that places substantive limits on Parliament’s power to amend the Constitution under Article 368.

It states that:

Parliament can amend any part of the Constitution—but cannot destroy, abrogate, or alter its basic structure or essential features.

This ensures that even a majority in Parliament cannot distort the foundational identity of the Constitution.

Commonly accepted elements of the basic structure include:

• Supremacy of the Constitution
• Rule of law
• Separation of powers
• Judicial review
• Secularism
• Federalism
• Sovereign, democratic, and republican nature of the polity

The list continues to evolve through judicial interpretation.

Evolution of the Basic Structure Doctrine

The evolution of the Basic Structure Doctrine is rooted in a long constitutional journey marked by conflict between Parliament’s power to amend the Constitution and the judiciary’s responsibility to uphold its core identity. This evolution took shape through a series of landmark Supreme Court judgments and major constitutional amendments.

1. Shankari Prasad vs Union of India (1951)

The Supreme Court upheld the First Constitutional Amendment, ruling that Parliament could amend any part of the Constitution—including Fundamental Rights—under Article 368. This established Parliament’s broad amending power.

2. Sajjan Singh vs State of Rajasthan (1965)

The Court upheld the Seventeenth Amendment, once again confirming that Parliament could amend Fundamental Rights. However, significant dissent emerged, suggesting that certain constitutional features may be beyond the reach of amendments.

3. Golaknath vs State of Punjab (1967)

In a major shift, the Court held that Fundamental Rights are not amendable, declaring constitutional amendments as “law” under Article 13.
This meant any amendment violating Fundamental Rights could be struck down, restricting Parliament’s amending power.

4. 24th Constitutional Amendment Act (1971)

Parliament responded by passing the 24th Amendment, restoring its full amending authority. It clarified that constitutional amendments are not “law” under Article 13 and made Presidential assent mandatory for amendment bills.

5. Kesavananda Bharati vs State of Kerala (1973)

A 13-judge bench delivered a historic judgment.
The Court held that:

• Parliament’s amending power is extensive but not unlimited
• Parliament cannot alter the Basic Structure of the Constitution

This case formally introduced the Basic Structure Doctrine—a permanent limit on constitutional amendments.

6. Indira Nehru Gandhi vs Raj Narain (1975)

The Supreme Court struck down provisions of the 39th Amendment, which attempted to bar judicial review of election disputes involving the Prime Minister.
The Court asserted free and fair elections and judicial review as basic structure elements.

7. 42nd Constitutional Amendment Act (1976)

During the Emergency, Parliament passed the 42nd Amendment, asserting unlimited amendment powers and attempting to remove judicial review.
However, these provisions were later invalidated by the Supreme Court, reaffirming the basic structure’s supremacy.

8. Minerva Mills vs Union of India (1980)

The Court struck down sections of the 42nd Amendment that gave primacy to DPSPs over Fundamental Rights.
It declared that:

• Judicial review
• Balance between Fundamental Rights and DPSPs

are essential elements of the basic structure.

9. Waman Rao vs Union of India (1981)

The Court held that laws inserted into the Ninth Schedule before April 24, 1973 (Kesavananda date) were valid.
However, laws added after this date would be open to judicial review if they violated the basic structure.

10. Indra Sawhney vs Union of India (1992)

Famous as the Mandal Commission case, the Court upheld 27% OBC reservation but capped total reservations at 50%, emphasising equality as part of the basic structure.

11. Kihoto Hollohan vs Zachillhu (1993)

The Court upheld the Tenth Schedule (anti-defection law) but allowed judicial review of the Speaker’s decisions, adding:

• Free and fair elections
• Democracy
  as basic structure components.

12. S.R. Bommai vs Union of India (1994)

A landmark judgment that declared:

• Federalism
• Secularism
• Democracy

as core features of the basic structure.
It also made the imposition of President’s Rule subject to judicial review.

13. I.R. Coelho vs State of Tamil Nadu (2007)

The Court held that even laws placed under the Ninth Schedule after 24 April 1973 would be judicially reviewable, if they violate:

• Fundamental Rights
• Basic Structure elements

This ensured the Ninth Schedule could not be used as a shield to bypass constitutional limitations.

Elements of the Basic Structure

The Supreme Court has never provided an exhaustive list, but various judgments recognize the following as essential components:

1. Core Constitutional Values

• Supremacy of the Constitution
• Sovereign, democratic & republican nature
• Unity & integrity of India
• Secularism

2. Institutional Safeguards

• Independence of Judiciary
• Judicial review
• Powers of the Supreme Court (Articles 32, 136, 141, 142)
• Powers of High Courts (Articles 226, 227)
• Free and fair elections

3. Structural Principles

• Federalism
• Separation of powers
• Parliamentary system
• Balance between Fundamental Rights & DPSPs
• Limited amending power of Parliament

4. Human-Centric Principles

• Rule of law
• Freedom & dignity of the individual
• Welfare State
• Principles underlying Fundamental Rights

These elements protect the soul of the Constitution.

Significance of the Basic Structure Doctrine

1. Preserves Constitutional Ideals

It protects foundational values envisioned by the framers, ensuring the Constitution remains stable yet adaptable.

2. Ensures Supremacy of the Constitution

Temporary majorities cannot distort India’s constitutional identity.

3. Maintains Separation of Powers

Prevents concentration of power and keeps the judiciary independent.

4. Safeguards Fundamental Rights

The doctrine shields citizens against arbitrary or authoritarian amendments.

5. Strengthens Federalism

Prevents the Centre from weakening state autonomy through amendments.

6. Promotes Constitutional Morality

Encourages governance within constitutional boundaries.

7. Enables Judicial Activism

Courts can review constitutional amendments and act as a check on the legislature and executive.

8. Makes the Constitution a Living Document

Changing situations can be addressed without compromising core values.

Granville Austin calls it “a balance between Parliament and the Supreme Court in protecting the seamless web of the Constitution.”

Constitutional Amendments – Meaning

A constitutional amendment is a formal legislative process to alter, add, or repeal provisions of the Constitution.

Procedure under Article 368(2)

A constitutional amendment must:

• Be passed in each House of Parliament
• By a majority of total membership
• And a 2/3rd majority of members present and voting
• Receive President’s assent

Upon assent, the amendment becomes law.

When Do Amendments Require State Ratification?

State ratification (by at least half of the states) is required when amendments affect:

• Federal provisions such as:
  • Articles 54 & 55 (Election of President)
  • Article 73 (Executive power of the Union)
  • Lists of the Seventh Schedule
  • Representation of states in Parliament
  • Article 368 itself

This ensures that core federal arrangements cannot be changed unilaterally by Parliament.

Joint Parliamentary Committee (JPC)

A Joint Parliamentary Committee is a special-purpose committee of members from both Lok Sabha and Rajya Sabha.
It is constituted to:

• Examine bills
• Investigate issues of national importance
• Study subjects requiring detailed scrutiny

A JPC:

• Consists of members from ruling and opposition parties
• Submits a report to Parliament
• Is dissolved after its task is completed

It enhances legislative oversight and transparency.

Conclusion

The Basic Structure Doctrine is one of the greatest constitutional innovations globally.
By ensuring that Parliament cannot alter the Constitution’s essential identity, it protects India’s democracy from majoritarian excesses, authoritarianism, and constitutional instability.

As India continues to evolve socially, politically, and economically, the doctrine remains central in preserving constitutional values, maintaining institutional balance, and ensuring that the Constitution continues to be a living, dynamic document rooted in justice, liberty, equality, and fraternity.