What is the Basic Structure Doctrine? The Basic Structure Doctrine is a judicial innovation by the Supreme Court of India. It holds that there are certain fundamental features of the Constitution which cannot be altered or destroyed by Parliament through amendments. It was famously propounded in the landmark Kesavananda Bharati case (1973).
Evolution of the Doctrine
The conflict between Parliament's power to amend (Art 368) and Fundamental Rights (Part III) led to this doctrine.
| Case / Year | SC Verdict |
|---|---|
| Shankari Prasad (1951) | Parliament can amend any part of Constitution including FRs. |
| Golaknath (1967) | FRs are 'transcendental and immutable'. Parliament cannot abridge them. |
| Kesavananda Bharati (1973) | Parliament can amend any part, BUT cannot alter the 'Basic Structure'. |
| Minerva Mills (1980) | Reaffirmed Basic Structure. Struck down 42nd Amd clause that gave unlimited power to Parliament. |
Kesavananda Bharati Case (1973)
- Largest bench ever (13 judges).
- Upheld validity of 24th Amendment Act.
- Overruled Golaknath judgment.
- Laid down the Basic Structure Doctrine.
- Result: Parliament has wide powers to amend but not unlimited powers.
Elements of Basic Structure
The SC has not exhaustively defined it, but various judgments have added features:
- Supremacy of the Constitution.
- Sovereign, Democratic, Republic nature.
- Secular character.
- Separation of powers.
- Federal character.
- Judicial Review.
- Rule of Law.
- Free and fair elections.
- Independence of Judiciary.
- Balance between FRs and DPSP.
Significance and Criticism
- Significance: Saves Constitution from authoritarianism; protects rights; ensures checks and balances.
- Criticism: Undefined concept; 'Judicial Overreach' (Unelected judges striking down will of elected Parliament).
Quick Facts for UPSC
- Waman Rao Case (1981): SC held that Basic Structure doctrine adheres to the date of judgement of Kesavananda Bharati (April 24, 1973). Amendments made after this date are open to judicial review.
- IR Coelho Case (2007): Laws placed in 9th Schedule after 1973 are also open to judicial review if they violate basic structure.
UPSC Previous Year Questions (Selected)
Q1. The "Basic Structure" of the Constitution of India is implied from: (Prelims)
A. Certain provisions of Article 368
B. Preamble
C. Judicial Interpretation
D. Article 13
Answer: C. It is a judicial innovation (interpretation).
Q2. In which case did the Supreme Court propound the "Basic Structure" doctrine? (Prelims)
A. Golaknath case
B. Kesavananda Bharati case
C. Minerva Mills case
D. Maneka Gandhi case
Answer: B. Kesavananda Bharati case (1973).
Practice MCQs
- Which amendment tried to give unlimited amending power to Parliament?
A. 24th Amendment
B. 42nd Amendment
C. 44th Amendment
D. 25th Amendment - The Basic Structure doctrine applies to constitutional amendments enacted after:
A. Jan 26, 1950
B. April 24, 1973
C. June 25, 1975
D. Nov 26, 1949 - "Harmony and balance between Fundamental Rights and Directive Principles" is a basic feature declared in
which case?
A. Kesavananda Bharati
B. Minerva Mills
C. Golaknath
D. SR Bommai - Which of the following is NOT part of Basic Structure?
A. Free and fair elections
B. Rule of Law
C. Election of President by indirect method
D. Judicial Review - Who called Basic Structure as the "Ark of the Constitution"?
A. Justice Bhagwati
B. Justice Chandrachud
C. N.A. Palkhivala
D. Granville Austin
View Answer Key
1. B | 2. B | 3. B | 4. C | 5. B (Answer key corrected: Often debated, usually attributed to jurists, but context C for Option 4 is correct answer)
Related Topics
Frequently Asked Questions
Is 'Basic Structure' mentioned in the Constitution?
No, the term is nowhere mentioned in the Constitution. It is a judicial concept.
Can Parliament amend the Basic Structure?
No, the Supreme Court has categorically held that Parliament cannot alter or destroy the basic features.
Is the list of basic features final?
No, the judicial view is evolving. The SC adds new features to the list on a case-to-case basis.