- Basic Structure encompasses basic and core values which forms bedrock of the Indian Constitution. Basic Structure cannot be amended by parliament under Art 368.
- Basic Structure Doctrine à Judicially innovated doctrine + Not defined under Constitution + Not defined by Supreme Court or any other court. Various judgments of Supreme Court form the bedrock of Basic Structure Doctrine.
| SC Case and Amendments |
Description |
|
Shankari Prasad Case 1951 |
- Whether parliament can curtail FR under Article 368 was dealt under this case.
- Constitutional validity of First Amendment Act (1951) which curtailed Right to Property was challenged.
- Supreme Court: Under Article 368, Parliament can amend FR. Article 13 includes only ordinary law and not constitutional amendment law. Amendments abridging FR cannot be void under Article 13.
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|
Golakh Nath Case 1967 |
- Seventeenth Amendment which inserted certain state laws in Ninth Schedule was challenged.
- Supreme Court: FRs are transcendental & immutable. Parliament can abridge or take away any FR. Constitutional Amendment Acts are laws under Article 13. So, any amendment violating FR would be void under Article 13.
|
| Parliament’s Reaction to Golakh Nath Case |
- 24th Amendment: Parliament can take away any FR under Article 368 and such acts are not laws under Article 13.
|
|
Kesavananda Bharati Case 1973 |
- Supreme Court overruled its judgment in Golakhnath Case (1967) and upheld 24th Amendment.
- Basic Structure Doctrine was laid down by SC.
- Parliament cannot alter basic structure of the Constitution.
- Parliament cannot take away FR that forms Basic Structure Doctrine.
|
| 39th Amendment |
- Election disputes of PM and Speaker of LS kept outside the jurisdiction of court.
|
| Indira Gandhi Case 1975 |
- Supreme Court: Invalidated 39th Amendment. Judicial review is a basic structure.
|
| 42nd Amendment |
- Amended Article 368. No limitations on constituent power of parliament and no amendment can be questioned in courts.
|
| Minerva Mills Case 1980 |
- Invalidated above changes under 42nd Amendment.
- Judicial review is basic structure.
|
|
Waman Rao case 1981 |
- Again, the Supreme Court adhered to the doctrine of the ‘basic structure’ and clarified that it would apply to constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati case).
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| ELEMENTS OF BASIC STRUCTURE: |
Supremacy of Constitution + Sovereign, democratic & republican nature of Indian Polity + Secularism + Separation of powers + Federal character + Unity & integrity + Welfare State + Judicial review + Freedom & dignity of individual + Parliamentary system + Rule of law + Equality + Harmony & balance between FR & DPSP + Free & fair elections + Independent judiciary + Effective access to justice + Limited power of parliament to amend constitution + Powers of HC under Article 226 & 227.
| 99th Constitutional Amendment: Provided National Judicial Appointment Commission in place of Collegium System for appointment of judges. SC said, amendment is invalid as independence of judiciary is basic structure.
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