Basic Structure Doctrine - UPSC ESSENTIALS

Basic Structure Doctrine

THE SUPREME COURT OF INDIA 

 Introduction

The Doctrine of Basic Structure was propounded by the Supreme Court on 24 April 1973 in the landmark Kesavananda Bharati v. State of Kerala case. It imposed limitations on Parliament’s amending powers under Article 368, ensuring that while amendments are possible, the basic features of the Constitution cannot be destroyed. Though not exhaustively defined, its elements include rule of law, sovereignty, liberty, secularism, judicial review, separation of powers, and republicanism.

Evolution of the Doctrine

Case / Amendment	Year	Judicial View / Contribution
Shankari Prasad v. Union of India	1951	Parliament’s power to amend was held unrestricted, including Fundamental Rights.
Golaknath v. State of Punjab	1967	Parliament cannot amend Part III (Fundamental Rights) → FRs given transcendental position.
24th, 25th, 29th Amendments	1971	Parliament tried to restore unlimited amending powers, restricting judicial review.
Kesavananda Bharati v. State of Kerala	1973	Introduced Basic Structure Doctrine: Parliament can amend but cannot alter/destroy core features.
Indira Nehru Gandhi v. Raj Narain	1975	39th Amendment struck down; free & fair elections added to basic structure.
Minerva Mills v. Union of India	1980	42nd Amendment partly struck; limited amending power & judicial review reaffirmed.
Subsequent Cases (Waman Rao, Bommai, Coelho)	1981–2007	Expanded scope: federalism, secularism, free elections, Ninth Schedule laws under judicial review.

Significance in Strengthening Democracy

	Contribution of Basic Structure Doctrine
Protection from authoritarianism	Prevented Parliament from misusing majority to destroy democracy (e.g., during Emergency).
Independence of Judiciary	Ensures separation of powers, keeps Judiciary free from Executive/Legislature.
Safeguarding Citizens’ Rights	Fundamental Rights protected from arbitrary amendments.
Constitution as a Living Document	Balances flexibility with permanence → progressive yet stable framework.
Checks & Balances	Parliament can amend, but Judiciary ensures core ideals are preserved.

Elements of Basic Structure (as evolved by SUPREME COURT)

1. Supremacy of Constitution
2. Rule of Law
3. Judicial Review
4. Separation of Powers
5. Federalism
6. Secularism
7. Free & Fair Elections
8. Parliamentary System
9. Fundamental Rights & DPSP balance
10. Independence of Judiciary
11. Unity & Integrity of India

Criticism of Basic Structure Doctrine

1. Vagueness: No fixed list of what constitutes “basic structure.”
2. Judicial Overreach: Judiciary acts as a “third chamber” of Parliament.
3. Separation of Powers Concern: Critics argue it weakens parliamentary sovereignty.

Conclusion
The Basic Structure Doctrine is not a fixed catalogue but a dynamic judicial innovation that preserves the spirit of the Constitution. While criticized for vagueness and judicial overreach, it has acted as a safeguard against authoritarian impulses, upheld the vision of the framers, and strengthened India’s democratic fabric by ensuring that core constitutional values remain inviolable.

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FAQs 

Q1. What is the Basic Structure Doctrine in simple terms?
It means Parliament can amend the Constitution, but it cannot destroy its core principles like democracy, secularism, and judicial review.

Q2. Which case introduced the Basic Structure Doctrine?
Kesavananda Bharati v. State of Kerala (1973).

Q3. Does Article 368 allow unlimited constitutional amendments?
No. Article 368 gives Parliament power to amend, but not to destroy the basic structure.

Q4. Is Judicial Review part of the Basic Structure?
Yes. Judicial review ensures checks on parliamentary and executive power.

Q5. Can Fundamental Rights be amended?
Yes, but not in a way that violates the basic structure.

Q6. Which amendments were struck down using the Basic Structure Doctrine?

1. 39th Amendment (1975) – Indira Gandhi’s election case.
2. Parts of 42nd Amendment (1980) – Minerva Mills case.

Q7. Why is the doctrine important for democracy?
It prevents authoritarian misuse of majority and safeguards citizen rights.

Q8. Is Secularism part of Basic Structure?
Yes, affirmed in S.R. Bommai v. Union of India (1994).

Q9. Can the Ninth Schedule laws violate Basic Structure?
No. In I.R. Coelho v. State of Tamil Nadu (2007), SC held they are subject to judicial review.

Q10. Who described Basic Structure Doctrine as “judicial innovation”?
It is widely credited to judicial creativity, notably in Kesavananda Bharati.

Q11. Does the doctrine apply to ordinary laws?
No, it applies only to constitutional amendments.

Q12. Why is it criticized?
For being vague and allegedly granting excessive power to the judiciary.

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UPSC Prelims Practice Questions (MCQs)

Q1. The Basic Structure Doctrine was propounded in which case?
(a) Shankari Prasad v. Union of India
(b) Golaknath v. State of Punjab
(c) Kesavananda Bharati v. State of Kerala
(d) Minerva Mills v. Union of India
Answer: (c)

Q2. Which of the following is NOT part of the Basic Structure?

1. Supremacy of the Constitution
2. Judicial Review
3. Fundamental Duties
4. Federalism

Answer: (3) Fundamental Duties

Q3. Consider the following cases and their contributions:

1. Golaknath Case – Parliament cannot amend FRs
2. Minerva Mills – Judicial review part of basic structure
3. Shankari Prasad – Parliament has unlimited amendment power

Which are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) 1 only
Answer: (c)

Q4. Which Article deals with amendment of the Constitution?
(a) 352
(b) 368
(c) 356
(d) 370
Answer: (b)

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UPSC Mains Practice Questions

GS Paper II

1. Critically analyze the role of the Basic Structure Doctrine in preserving the spirit of Indian democracy.
2. Do you think the Basic Structure Doctrine has led to judicial overreach? Discuss with suitable examples.
3. Examine the evolution of the Basic Structure Doctrine through landmark judgments.
4. “The Basic Structure Doctrine is a judicial innovation balancing constitutional flexibility with permanence.” Elaborate.