What is the Basic Structure Doctrine?

The Basic Structure Doctrine dictates that certain essential features or foundational principles of the Constitution (which represent its identity, spirit, and philosophy) cannot be altered or destroyed by the Parliament, even through its power to amend the Constitution under Article 368.

Origin of the Doctrine

This principle was established by a landmark judicial pronouncement:

• Historical Case: Kesavananda Bharati v. State of Kerala (1973).
• The Ruling: The Supreme Court, in this pivotal judgment, held that while Parliament has the power to amend any part of the Constitution, it cannot amend the provisions that form the basic structure of the Constitution. This decision serves as a powerful check on legislative overreach.

Significance

The Basic Structure Doctrine is vital for the health of India’s democracy and constitutionalism because:

1. Checks Parliament’s Power: It acts as a constitutional restraint on the legislative might of the Parliament, preventing it from using its majority to abolish the fundamental principles of democracy.
2. Preserves Constitutional Identity: It ensures that the soul and core values of the Constitution, as envisioned by its framers, are perpetually protected and preserved.
3. Judicial Review: It empowers the judiciary to act as the ultimate interpreter and guardian of the Constitution, allowing it to strike down any amendment that violates the basic structure.

Key Components of the Basic Structure

The Supreme Court has, over time and through various judgments, included several features within the umbrella of the basic structure. The Basic Structure Doctrine guarantees that while the Constitution can evolve through amendments, its essential framework will remain intact. Some of these essential components include:

• Supremacy of the Constitution
• The Sovereign, Democratic, and Republican nature of the Indian polity
• The Secular character of the Constitution
• Separation of Powers between the Legislature, Executive, and Judiciary
• The Federal character of the Constitution
• Judicial Review
• Freedom and dignity of the individual
• The Parliamentary System
• Harmony and balance between the Fundamental Rights and DPSP
• Free and Fair Elections
• Limited power of the Parliament to amend the Constitution
• Power to Supreme Court under Articles 32, 136, 142 and 147
• Power to High Court under Articles 226 and 227

Landmark Amendments Shaping the Constitution

The Indian Constitution, which was intended to be a living constitution, has undergone more than 100 amendments to accommodate the nation’s evolving requirements and solve emerging issues. Fundamental rights, the federal system, and electoral reforms are frequently the subjects of the most significant amendments.

The Constitution allows for amendments to adapt to the requirements and circumstances of changing times. The Indian Constitution is neither flexible nor rigid but a synthesis of both. Part XX, Article 368 – deals with the powers of the Parliament to amend the Constitution and its procedure.

Amendment Act	Year	Key Provisions & Significance
1st Amendment Act	1951	Empowered the State to make special provisions for socially/economically backward classes; added the Ninth Schedule to protect certain laws from judicial review (related to land reforms).
7th Amendment Act	1956	Reorganized states on a linguistic basis (States Reorganisation Act); abolished the classification of states; provided for common High Courts for two or more states.
12th Amendment Act	1961	Goa, Daman, and Diu were incorporated into the Indian Union as a Union Territory.
24th Amendment Act	1971	Affirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights; made it compulsory for the President to assent to a Constitutional Amendment Bill.
36th Amendment Act	1975	Sikkim was incorporated as an Indian state.
42nd Amendment Act	1976	‘Mini-Constitution’. Added Socialist, Secular, and Integrity to the Preamble; added Fundamental Duties (Part IV-A); made the President bound by the Cabinet’s advice; transferred subjects like Education and Forests to the Concurrent List.
44th Amendment Act	1978	Restored Democratic Values. Deleted the Right to Property from Fundamental Rights (made it a legal right, Article 300A); replaced ‘internal disturbance’ with ‘armed rebellion’ for National Emergency; restored the Lok Sabha term to five years; empowered the President to return Cabinet advice for reconsideration.
52nd Amendment Act	1985	Added the Tenth Schedule, introducing the Anti-Defection Law to curb political defections.
61st Amendment Act	1989	Reduced the voting age for Lok Sabha and Assembly elections from 21 years to 18 years.
73rd Amendment Act	1992	Gave Constitutional Status to Panchayati Raj Institutions (Part IX and Eleventh Schedule) for rural local governance.
74th Amendment Act	1992	Gave Constitutional Status to Urban Local Bodies (Part IX-A and Twelfth Schedule) for urban local governance.
86th Amendment Act	2002	Made the Right to Education a Fundamental Right (Article 21A) for children aged 6 to 14 years; added an 11th Fundamental Duty.
97th Amendment Act	2011	Gave constitutional status and protection to Cooperative Societies (new DPSP Article 43-B, and new Part IX-B).
101st Amendment Act	2016	Introduced the Goods and Services Tax (GST), unifying indirect taxes across the country.
102nd Amendment Act	2018	Granted Constitutional Status to the National Commission for Backward Classes (NCBC).
103rd Amendment Act	2019	Provided 10% reservation for Economically Weaker Sections (EWS) in educational institutions and public employment.
106th Amendment Act	2023	Provided for 33% reservation of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Assembly.

PREVIOUS YEAR QUESTIONS

“Indian Parliament can amend the Constitution, but not its basic structure.” Comment. (MPPSC 2024)

Discuss the evolution and significance of the Basic Structure Doctrine in the context of the judicial interpretation of Article 368. (MPPSC 2022-23)

The ‘basic structure’ doctrine played a significant role in preventing the State from bypassing the underlying fundamental principles embedded in the Constitution of India. Analyse. (UPPSC 2024)

How does the Basic Structure Doctrine impact the amending power of the Parliament? Discuss with reference to the Kesavananda Bharati case. (RPSC 2023-24)