Basic Structure Doctrine

BAY-sik STRUK-chur DOK-trin Judicially evolved doctrine; 'basic' from Latin 'basis' (foundation) + 'structure' from Latin 'structura' (arrangement)

Definition

The judicial doctrine that certain fundamental features of the Constitution are so essential to its identity that they cannot be amended or destroyed by Parliament, even through constitutional amendments.

Detailed Explanation

The Basic Structure Doctrine is India's most significant contribution to constitutional jurisprudence. Evolved by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), it places implicit limitations on Parliament's amending power under Article 368.

Evolution of the Doctrine:

1. Shankari Prasad (1951): Parliament's amending power is absolute; amendments are not 'law' under Article 13.

2. Golaknath (1967): Fundamental Rights cannot be amended; Parliament lacks power to abridge them. (Later overruled)

3. 24th Amendment (1971): Explicitly stated Parliament can amend any provision including Fundamental Rights.

4. Kesavananda Bharati (1973): The landmark 13-judge bench held that while Parliament can amend any provision, it cannot alter the 'basic structure' of the Constitution.

Features identified as part of Basic Structure (non-exhaustive):

- Supremacy of the Constitution - Republican and democratic form of government - Secular character of the Constitution - Separation of powers - Federal character - Unity and integrity of the nation - Sovereignty of India - Judicial review - Rule of law - Free and fair elections - Harmony between Fundamental Rights and Directive Principles - Limited amending power - Independence of judiciary - Effective access to justice

The doctrine has been reaffirmed and applied in numerous cases, including Indira Gandhi v. Raj Narain (1975), Minerva Mills (1980), Waman Rao (1981), S.R. Bommai (1994), and I.R. Coelho (2007).

Essential Elements

1 Parliament cannot amend Constitution to destroy its basic features
2 Judicially evolved - not expressly mentioned in the Constitution
3 Applies to constitutional amendments under Article 368
4 List of basic features is not exhaustive - evolves through judicial decisions
5 Test: Whether amendment damages or destroys a basic feature
6 Applies retrospectively to laws in Ninth Schedule (I.R. Coelho)

Leading Cases

Kesavananda Bharati v. State of Kerala

1973

(1973) 4 SCC 225

Relevance: The landmark case establishing the basic structure doctrine by 7-6 majority

Indira Nehru Gandhi v. Raj Narain

1975

(1975) Supp SCC 1

Relevance: Applied basic structure to strike down 39th Amendment; free elections declared basic feature

Minerva Mills v. Union of India

1980

(1980) 3 SCC 625

Relevance: Reaffirmed doctrine; limited amending power and judicial review are basic features

S.R. Bommai v. Union of India

1994

(1994) 3 SCC 1

Relevance: Secularism and federalism declared part of basic structure

I.R. Coelho v. State of Tamil Nadu

2007

(2007) 2 SCC 1

Relevance: Extended basic structure review to Ninth Schedule laws

Usage Example

"The Supreme Court struck down the 99th Constitutional Amendment establishing the NJAC as violative of the basic structure doctrine, holding that independence of judiciary cannot be compromised."

Synonyms

basic features doctrine implied limitations doctrine constitutional identity doctrine

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