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.
- 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| Indira Nehru Gandhi Case 1975 |
- Supreme Court: Invalidated 39th Amendment. Judicial review is a basic structure.
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| 42nd Amendment 1976 |
- Amended Article 368, no limitations on constituent power of parliament and no amendment can be questioned in courts.
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| Minerva Mills Case 1980 |
- Invalidated above changes under the 42nd Amendment.
- Judicial review is a basic structure of the Constitution.
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| 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).
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| 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.
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- 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.
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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
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- Sovereign, democratic, and republican nature of the Indian polity.
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- Secular character of the Constitution.
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- Supremacy of the Constitution.
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- Federal character of the Constitution.
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- Unity and integrity of the nation.
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- Welfare state (socio-economic justice).
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- Freedom and dignity of the individual.
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- Independence of Judiciary.
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- Limited power of Parliament to amend the Constitution.
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- Principles (or essence) underlying fundamental rights.
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- Powers of the Supreme Court under Articles 32, 136, 141 and 142.
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- Powers of the High Courts under Articles 226 and 227.
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Conclusion
- The Basic Structure Doctrine stands as a cornerstone in Indian constitutional law, safeguarding fundamental values enshrined in the Constitution. Though not explicitly defined, it serves as a bulwark against arbitrary changes to the constitutional framework, ensuring the preservation of democratic principles, federalism, secularism, and the rule of law.
- While Parliament retains the power to amend the Constitution under Article 368, the doctrine prohibits alterations that would compromise the ‘basic structure’.
- As the Supreme Court continues to refine and interpret this doctrine, it remains a vital mechanism for maintaining the integrity and stability of India‘s constitutional democracy.
March 28, 2024
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