08 Dec

The Doctrine of Basic Structure

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Table of Contents

• Introduction
• Historical Background
• Landmark Case Laws After Kesavananda
• Recent Developments
• Significance
• Conclusion
• FAQs

Introduction

The Doctrine of Basic Structure is one of the most significant judicial innovations in Indian constitutional law. It ensures that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter its fundamental identity. This doctrine acts as a safeguard against authoritarianism and preserves the democratic ethos of India.

Historical Background

Kesavananda Bharati Case (1973)

• A 13-judge bench, the largest in Indian history, ruled that Parliament can amend the Constitution but cannot alter its “basic structure.”
• Elements of basic structure include:
• Supremacy of the Constitution
• Rule of law
• Judicial review
• Separation of powers
• Federalism
• Secularism
• Democracy and free elections
• Fundamental Rights
  This judgment struck a balance between flexibility and stability, ensuring constitutional adaptability without compromising core values.

Landmark Case Laws After Kesavananda

1. Indira Gandhi v. Raj Narain (1975): Struck down the 39th Amendment that sought to immunize the Prime Minister’s election from judicial review. Judicial review was held to be part of the basic structure.
2. Minerva Mills v. Union of India (1980): Declared that limited amending power itself is part of the basic structure. Balance between Fundamental Rights and Directive Principles was emphasized.
3. Waman Rao v. Union of India (1981): Differentiated between pre- and post-Kesavananda amendments, applying the doctrine prospectively.
4. S.R. Bommai v. Union of India (1994): Federalism and secularism were reaffirmed as basic structure elements.
5. I.R. Coelho v. State of Tamil Nadu (2007): Judicial review of laws placed under the Ninth Schedule was upheld if they violated basic structure.

Recent Developments

• Electoral Bonds Verdict (2025): Justice Manmohan highlighted that the basic structure doctrine and rule of law are cornerstones of democracy, ensuring transparency in political funding.
• CJI Surya Kant (2025): Stated that the doctrine acts as a “constitutional gyroscope,” preventing democratic institutions from descending into absolutism.
• Justice Manmohan (2025): Reiterated that the doctrine is a safeguard against political pressures, ensuring longevity of constitutional values.
  These remarks show that the doctrine continues to evolve, adapting to contemporary challenges like electoral reforms, transparency, and judicial independence.

Significance of the Doctrine

• Preserves Democracy: Prevents concentration of power.
• Ensures Judicial Independence: Protects courts from legislative overreach.
• Balances Flexibility & Stability: Allows amendments but safeguards identity.
• Global Recognition: Accepted internationally as a model of constitutional guardianship.

Conclusion

The Doctrine of Basic Structure is the backbone of India’s constitutional democracy. It ensures that while laws and institutions evolve, the core values of justice, liberty, equality, and fraternity remain inviolable. For UPSC aspirants, understanding this doctrine is crucial, as it represents the intersection of law, politics, and governance.

FAQs

1.What is the Doctrine of Basic Structure?

 It is a judicial principle that Parliament cannot amend the Constitution in a way that alters its fundamental identity.

2.Which case introduced the doctrine?

Kesavananda Bharati v. State of Kerala (1973).

3.Name three elements of the basic structure?

Supremacy of the Constitution, Judicial Review, Federalism.

4.Which case reaffirmed judicial review as part of the basic structure?