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Basic Structure of Constitution Detailed

The Basic Structure Doctrine, established by the Supreme Court in the Kesavananda Bharati v. State of Kerala (1973) case, asserts that certain fundamental features of the Constitution cannot be altered by amendments. Key elements include the supremacy of the Constitution, rule of law, separation of powers, and the independence of the judiciary, among others. This doctrine is crucial for maintaining constitutional integrity and is frequently referenced in UPSC examinations and discussions on democracy and governance.

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5 views

Basic Structure of Constitution Detailed

The Basic Structure Doctrine, established by the Supreme Court in the Kesavananda Bharati v. State of Kerala (1973) case, asserts that certain fundamental features of the Constitution cannot be altered by amendments. Key elements include the supremacy of the Constitution, rule of law, separation of powers, and the independence of the judiciary, among others. This doctrine is crucial for maintaining constitutional integrity and is frequently referenced in UPSC examinations and discussions on democracy and governance.

Uploaded by

suguntalarissp3
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Basic Structure of the Constitution of India & Landmark Judgments

Basic Structure of the Constitution of India & Landmark Judgments

Introduction
The Basic Structure Doctrine ensures that certain fundamental features of the Constitution cannot be altered or
destroyed by constitutional amendments under Article 368.
It was established by the Supreme Court in the Kesavananda Bharati v. State of Kerala (1973) case, limiting
Parliament's power to amend the Constitution.

Origin of the Doctrine


- First Introduced: Kesavananda Bharati v. State of Kerala (1973)
- Held: Parliament can amend the Constitution but cannot alter its 'Basic Structure'.

Key Elements of the Basic Structure & Landmark Judgments

Basic Structure Element Landmark Judgment(s) Details


Supremacy of the Constitution Kesavananda Bharati (1973) No authority above the Constitution
Rule of Law Indira Nehru Gandhi v. Raj Narain (1975)
Equality before law, fairness
Separation of Powers Indira Nehru Gandhi (1975) Legislature, Executive, and Judiciary are independe
Judicial Review Minerva Mills (1980) Courts can review laws for constitutionality
Federalism S.R. Bommai v. Union of India (1994) Power balance between Centre and States
Democracy Kesavananda Bharati (1973), Indira Gandhi
Free and
(1975)
fair elections
Secularism S.R. Bommai v. Union of India (1994) Equal treatment of all religions by the State
Unity and Integrity of India S.R. Bommai (1994), Kesavananda Bharati
Nation's
(1973)
unity is inviolable
Sovereignty Kesavananda Bharati (1973) India's independent authority must be preserved
Socialism & Social Justice Minerva Mills (1980) Equitable distribution of wealth and resources
Freedom & Dignity of Individual Maneka Gandhi (1978) Personal liberty is a fundamental right
Parliamentary System Indira Nehru Gandhi (1975) Elected representatives govern the country
Independence of Judiciary Kesavananda Bharati (1973), Minerva Judiciary
Mills (1980)
must be free from executive interference
Harmony between FR & DPSP Minerva Mills (1980) Balance between Fundamental Rights & Directive P
Free and Fair Elections Indira Nehru Gandhi (1975) Elections must be transparent and just
Powers of Judicial Review L. Chandra Kumar (1997) Judicial review under Articles 32 and 226 is essent

Important Judgments in Chronological Order


1. Shankari Prasad v. Union of India (1951) - Parliament's power to amend FRs upheld.
2. Golak Nath v. State of Punjab (1967) - Parliament cannot amend Fundamental Rights.
3. Kesavananda Bharati v. State of Kerala (1973) - Introduced Basic Structure Doctrine.
4. Indira Nehru Gandhi v. Raj Narain (1975) - Declared free and fair elections part of the basic structure.
5. Minerva Mills v. Union of India (1980) - Strengthened FR & DPSP balance.
6. Waman Rao v. Union of India (1981) - Clarified applicability of the doctrine post-Kesavananda.
7. S.R. Bommai v. Union of India (1994) - Reinforced federalism, secularism, and democracy.
8. L. Chandra Kumar v. Union of India (1997) - Judicial review under Articles 32 and 226 upheld.

Why is the Basic Structure Doctrine Important for UPSC?

Page 1
Basic Structure of the Constitution of India & Landmark Judgments
- Frequently asked in Polity & Governance sections of Prelims & Mains.
- Important for essay topics related to constitutional amendments and democracy.
- Essential for interview discussions on constitutional integrity and reforms.

Extra Information for UPSC Preparation


- Article 368 gives Parliament the power to amend the Constitution, but it is subject to the Basic Structure Doctrine.
- The Doctrine is not explicitly mentioned in the Constitution but was evolved by the Supreme Court.
- It ensures democracy, rule of law, and federalism remain intact.
- Many amendments have been challenged in court citing this doctrine, making it one of the most powerful legal
safeguards.

Page 2

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