Jun 28, 2025
8
mins read
The Basic Structure Doctrine is an unwritten judicial principle ensuring that the core values of the Indian Constitution – such as fundamental rights and the country’s democratic framework – cannot be abolished by amendments. In the landmark Kesavananda Bharati v. State of Kerala (1973) case, a Supreme Court bench held that while Parliament has wide power to amend the Constitution, it cannot destroy or emasculate its “basic features” In other words, any constitutional amendment that seeks to alter the Basic Structure of the Constitution is void. This Basic Structure Doctrine acts as a vital check on Parliament’s amending power, safeguarding the Constitution’s stability and the citizens’ core rights from arbitrary change.
The Basic Structure Doctrine evolved through a series of Supreme Court cases challenging Parliament’s amending power. By 1971, 23 amendments raised concerns about alterations to fundamental provisions. The 24th, 25th, and 29th Amendments sought to limit judicial review and restrict fundamental rights. To address these, the Supreme Court upheld the Constitution’s core integrity, tracing the Basic Structure Doctrine’s evolution to the right to property and the First Constitutional Amendment Act of 1951.
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Shankari Prasad (1951): The Court ruled that amendments were not ordinary “laws” under Article 13, so Parliament could amend even fundamental rights.
Golak Nath (1967): The Court reversed itself, holding that constitutional amendments are “law” under Article 13. Parliament could not abridge fundamental rights by amendment.
24th Amendment (1971): In response, Parliament amended Articles 13 and 368 to assert that it could amend any part of the Constitution, including fundamental rights.
Kesavananda Bharati (1973): A 13-judge bench upheld Parliament’s power to amend, but introduced the Basic Structure Doctrine. It held that Parliament cannot alter the basic structure of the Constitution even by amendment. Fundamental rights forming part of that structure could not be abrogated.
42nd Amendment (1976): Parliament then tried to negate these limits by amending Article 368 to declare that “no amendment shall be questioned in any court”. This effectively claimed unlimited amending power.
Minerva Mills (1980): The Supreme Court struck down the 42nd Amendment’s restrictions on judicial review, reaffirming that judicial review itself is a basic feature.Waman Rao (1981): The Court clarified the Basic Structure Doctrine applies to all amendments made after Kesavananda Bharati (i.e. post-April 1973). Thus today, Parliament may amend any part of the Constitution – even fundamental rights – so long as the basic structure of the Constitution remains intact.
Indra Sawhney vs Union of India (1992): The Court upheld 27% OBC reservations, capped total reservations at 50%, and emphasized equality as part of the basic structure.
S.R. Bommai vs Union of India (1994): Declared Federalism, Secularism, and Democracy as the Constitution’s basic structure and made President’s Rule subject to judicial review.
IR Coelho vs State of Tamil Nadu (2007): The Court ruled laws in the Ninth Schedule are judicially reviewable if they violate the Basic Structure Doctrine or fundamental rights.
This evolutionary arc shows how the courts shaped and refined the Basic Structure Doctrine, balancing constitutional change with preservation of core principles.
The 42nd Amendment Act (1976) was a bold attempt to override Kesavananda Bharati. It amended Article 368 to proclaim that “no limitation whatsoever shall be placed… on the constituent power of Parliament”, and that no amendment could be challenged on any ground, including violation of fundamental rights. In effect, it sought to make Parliament’s amending power absolute. However, the Amendment’s provisions excluding judicial review were promptly struck down. In Minerva Mills v. Union of India (1980), the Supreme Court invalidated those clauses as unconstitutional: it held that judicial review is part of the basic structure of the Constitution and cannot be taken away. Thus, the 42nd Amendment episode reinforced the Basic Structure Doctrine’s core message: even clear Acts of Parliament cannot change the Constitution’s basic features.
The elements of the Basic Structure of the Constitution are given in the list:
Supremacy of the Constitution – The Constitution is the highest law, and any amendment undermining it can be struck down under the Basic Structure of the Constitution.
Republican, Democratic & Sovereign Polity – India’s character as a sovereign republic operating through democratic processes is inviolable .
Secularism – The state must maintain religious neutrality; no religion may dominate state policy .
Unity and Integrity of the Nation – The federal structure and national unity are essential constitutional foundations
Rule of Law – All state action must be lawful and subject to judicial scrutiny.
Judicial Review – Courts have the authority to examine and invalidate constitutional amendments or laws violating the Constitution.
Separation of Powers – The balance and division among legislature, executive, and judiciary is non-negotiable.
Federalism – The power-sharing federal structure between Centre and states must be preserved.
Parliamentary System of Government – Governance must flow through elected representatives, not direct rule by unelected authorities.
Free & Fair Elections – Democratic legitimacy through unbiased elections is a cornerstone of the basic structure.
Principles underlying Fundamental Rights– Basic rights such as equality and freedom are integral and cannot be abrogated.
Freedom & Dignity of the Individual – Personal liberty and dignity are protected under the Constitution’s essential structure.
Equality – Equal treatment before law is a non-amendable principle under the basic structure doctrine.
Welfare State – Directive Principles mandating social and economic justice are protected features .
Balance Between Fundamental Rights & DPSPs – The harmony of rights and principles is essential, as upheld in Minerva Mills.
Preamble Principles – Justice, liberty, equality, and fraternity enshrined in the Preamble cannot be amended away .
Supreme Court’s Powers under Articles 32/136/141/142 – The constitutional authority of the Supreme Court is part of the basic framework.
High Courts’ Powers under Articles 226/227 – State judiciary autonomy is likewise part of the basic structure of the Constitution.
Limited Amending Power of Parliament – Parliamentary amendments must respect constitutional constraints
Judicial Independence – Courts must remain free from executive or legislative influence .
These elements are not exhaustively defined – the Court has evolved them case by case. But together they form the “essence” of the Constitution which cannot be abrogated.
The basic structure doctrine holds monumental importance in Indian constitutional law. It has acted as a guardian of India’s foundational principles by ensuring that constitutional amendments do not undermine the basic structure of the constitution or democratic ethos. Its far-reaching significance includes:
Promotes Constitutional Ideals: Upholds the core aspirations of India’s founding fathers-justice, liberty, equality, and fraternity-by preserving the basic structure doctrine as an enduring compass for governance and jurisprudence
Maintains Supremacy of the Constitution: Reinforces the Constitution as the supreme law of the land and blocks transient majorities from altering its unamendable core through constitutional amendments.
Preserves Separation of Powers: Ensures independence of the Judiciary by empowering courts to strike down any amendment violating the basic structure of the constitution of India, thereby balancing Parliament’s power .
Balances Parliamentary & Judicial Authority: As noted by Granville Austin, the doctrine strikes a healthy equilibrium between Parliament and the Supreme Court in safeguarding the “seamless web” of the Indian Constitution.
Protects Fundamental Rights: The doctrine acts as a bulwark against any attempt to dilute fundamental rights through amendments, ensuring citizens retain their core entitlements.
Constitution as a Living Document: Fosters a dynamic constitutional framework, enabling progressive evolution while ensuring the basic structure doctrine serves as a stability anchor
Encourages Judicial Activism: Fortifies judicial review, allowing courts to invalidate amendments that threaten the Constitution’s essential character, reinforcing the rule of law.
Upholds Constitutional Integrity & Morality: Ensures all amendments align with constitutional morality, fairness, and ethics—helping maintain internal coherence and legal stability .
Prevents Authoritarian Overreach: Acts as a check against authoritarian tendencies or attempts to centralize power by dismantling democratic institutions or subverting constitutional safeguards.
Protects Democracy & Federalism: Safeguards India’s sovereign, socialist, secular, democratic identity and its federal structure from being eroded through legislative overreach.
Ensures Stability and Consistency: Shields the constitutional framework from excessive or sudden amendments that could disrupt governance, preserving institutional continuity.
Despite its acceptance, critics raise objections to the Basic Structure Doctrine:
Separation of Powers: Some argue it violates the separation of powers by allowing courts to override Parliament’s will. As one critique puts it, courts can “review but not rewrite a constitutional amendment.”. Critics say only elected bodies should have final say on constitutional change.
Vagueness: There is no exhaustive list of what counts as “basic features.” This ambiguity gives judges wide discretion to decide what to protect, making the Basic Structure Doctrine seem uncertain and subjective.
Judiciary as “Third Chamber”: Opponents contend it effectively makes the Supreme Court a “third house” of Parliament. By striking down amendments, the judiciary can nullify the decisions of elected representatives, which some say undermines democratic legitimacy.
Judicial Overreach: In recent years, the Basic Structure Doctrine has been invoked in contentious cases (e.g. invalidating the National Judicial Appointments Commission Act 2014). Critics warn this might reflect judicial activism or overreach under the guise of protecting the basic structure.
Supporters argue these criticisms are outweighed by the Basic Structure Doctrine’s protection of democracy and rights. Nevertheless, the debate continues over how expansive or restrained this judicial power should be.
Q1: What is the Basic Structure of the constitution of India?
A: It is a judicial principle that certain fundamental features of the Constitution cannot be amended by Parliament. In Kesavananda Bharati (1973), the Supreme Court held that amendments are limited by the need to preserve the Constitution’s basic structure.
Q2: Which case first established the Basic Structure Doctrine?
A: The Basic Structure Doctrine was formally laid down in Kesavananda Bharati v. State of Kerala (1973). Justice H.R. Khanna wrote that the Constitution contains “certain basic features that cannot be altered or destroyed through amendments by the Parliament”
Q3: Can Parliament amend the Basic Structure Doctrine?
A: No. While Parliament can amend most parts of the Constitution (including fundamental rights), it cannot destroy or change the basic structure. Any amendment found to violate the basic structure is void.
Q4: What are examples of Basic Structure Doctrine?
A: Key basic features include: supremacy of the Constitution, democratic republican government, secularism, federalism, separation of powers, judicial review, and the fundamental rights regime. In short, the core democratic ideals and institutional checks of the Constitution are protected.
Q5: How many schedules are there in the Indian Constitution?
A: There are currently 12 Schedules. (The original Constitution of 1949 had 8 Schedules; later amendments have added 4 more).
The Basic Structure Doctrine remains a cornerstone of Indian constitutional law. It preserves the integrity and identity of the Constitution by ensuring that essential principles – democracy, rule of law, justice, and fundamental rights – endure through changing times. By balancing the need for constitutional flexibility with the imperative of continuity, the Basic Structure Doctrine provides stability and predictability in governance. While its interpretation can be complex, the Basic Structure Doctrine ultimately acts as a guardian of India’s core constitutional values, preventing any temporary majority from dismantling the Constitution’s enduring spirit.
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