Basic Structure Doctrine: Democracy, Federalism, and the Rule of Law

• 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.

• 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. 
  • Constitutional Amendment Acts are laws under Article 13. So, any amendment violating FR would be void under Article 13.

• 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.

• 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.

• Election disputes between the PM and the Speaker of LS were kept outside the jurisdiction of the court, affecting the basic structure.

• Supreme Court: Invalidated 39th Amendment. Judicial review is a basic structure.

• Amended Article 368, no limitations on constituent power of parliament and no amendment can be questioned in courts.

• Invalidated above changes under the 42nd Amendment.
• Judicial review is a basic structure of the Constitution.

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).

• 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.

• 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.

• Separation of powers between the legislature, the executive, and the judiciary

• Sovereign, democratic, and republican nature of the Indian polity.

• Secular character of the Constitution.

• Supremacy of the Constitution.

• Federal character of the Constitution. 

• Unity and integrity of the nation. 

• Welfare state (socio-economic justice).

• Judicial review. 

• Freedom and dignity of the individual.

• Parliamentary system.

• Rule of law. 

• Principle of equality. 

• Free and fair elections.

• Independence of Judiciary.

• Balance between Fundamental Rights and Directive Principles.

• Limited power of Parliament to amend the Constitution.

• Effective access to justice.

• Principles (or essence) underlying fundamental rights. 

• Powers of the Supreme Court under Articles 32, 136, 141 and 142.

• Powers of the High Courts under Articles 226 and 227.