Simone Lawson
The basic structure of the Indian Constitution is comprised of a preamble, a main body that includes 22 parts with 448 articles, and 12 schedules. The preamble outlines the fundamental principles and values that the constitution is based on, including sovereignty, socialism, secularism, democracy, and justice. The main body of the constitution covers a range of topics, from the definition of the state and citizen's rights and duties to the structure and function of the government and its various institutions. The 12 schedules of the constitution provide additional details on the division of powers, the allocation of resources, and the administration of various territories. Understanding the basic structure of the Indian Constitution is essential to grasp how the country's legal system, governance, and democratic values function together.
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What You'll Learn
The basic structure doctrine
The phrase "basic structure" is not explicitly mentioned in the Constitution, and its exact definition has been left open to interpretation by the Supreme Court. However, it generally encompasses core values such as democracy, secularism, federalism, and the rule of law. The doctrine also includes principles like the separation of powers, parliamentary system, unity and integrity of the nation, and individual freedom and dignity.
The doctrine has been applied in several subsequent cases, including Indira Nehru Gandhi v. Raj Narain, Minerva Mills v. Union of India, and the SR Bommai case. In these cases, the Supreme Court used the Basic Structure Doctrine to strike down amendments or laws that were deemed to violate the fundamental principles of the Constitution. For instance, in the Minerva Mills case, sections of the 42nd Amendment enacted by Indira Gandhi were declared unconstitutional as they were seen as an attempt to reduce the power of judicial review.
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The role of the Supreme Court
The Supreme Court of India plays a pivotal role in preserving the basic structure of the Indian Constitution. The Court's judgments have shaped and safeguarded the fundamental principles and values enshrined in the Constitution. The Court's interpretation of the Constitution ensures that any amendments made by Parliament do not distort, damage, or alter its basic features and core values. This power of judicial review, exemplified in the Kesavananda Bharati case in 1973, is a crucial check on Parliament's legislative powers.
The basic structure doctrine, developed by the Supreme Court, recognises that while the Constitution should be adaptable, its core elements must be preserved. These core elements include federalism, secularism, democracy, and the rule of law. The doctrine acts as a safeguard against majoritarianism and authoritarianism, ensuring that the basic tenets of the Constitution are upheld. The Supreme Court's interpretation and application of the basic structure doctrine have evolved over time, with a series of landmark judgments that have further clarified and reinforced its principles.
The Court's power to strike down Parliamentary amendments that violate the basic structure is a significant aspect of its role. In cases such as Indira Nehru Gandhi v. Raj Narain and Minerva Mills v. Union of India, the Supreme Court used the basic structure doctrine to strike down parts of constitutional amendments, demonstrating its commitment to preserving the Constitution's integrity. The Court's independence and authority in this regard have been hailed as strengthening Indian democracy.
While the Supreme Court has been criticised for having "undemocratic" powers, as unelected judges can overrule amendments, its role in preserving the basic structure of the Constitution is widely accepted. The Court's interpretation of the basic structure is not static but rather evolves with the changing needs and aspirations of society. This evolutionary nature ensures that the Constitution remains a living document, responsive to societal changes while maintaining its foundational principles.
In conclusion, the Supreme Court of India plays an essential role in safeguarding the basic structure of the Indian Constitution. Through its interpretation and application of the basic structure doctrine, the Court ensures that the core values and principles of the Constitution are preserved, thereby protecting the integrity and stability of India's constitutional framework. The dynamic nature of the Court's jurisprudence on the basic structure reflects a balance between adaptability and the preservation of fundamental principles.
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The role of Parliament
The Indian Constitution grants Parliament the power to amend the Constitution, as per Article 368. However, this power is not absolute. The basic structure doctrine, formulated by the Supreme Court, prohibits Parliament from altering the core elements of the Constitution. These core elements include federalism, secularism, democracy, and the rule of law. The basic structure doctrine acts as a safeguard to protect the fundamental principles and values of the Constitution, ensuring its integrity and stability.
One of the earliest and most significant cases related to the basic structure doctrine is the Kesavananda Bharati case (1973). In this case, the Supreme Court held that Parliament could amend any part of the Constitution as long as it did not alter the basic structure. The court did not explicitly define the term "basic structure" but identified certain principles as being part of it, such as federalism, secularism, and democracy. The Kesavananda Bharati case set a precedent for subsequent cases and judgments that relied on the basic structure doctrine to strike down Parliamentary amendments deemed unconstitutional.
Another important case that highlighted the role of Parliament in the basic structure doctrine is the Indira Nehru Gandhi v. Raj Narain (or the "Election" case). This case involved the constitutionality of Article 329A, inserted by the 39th Amendment in 1975 during a state of emergency. The Supreme Court, applying the basic structure doctrine, struck down the 39th Amendment as it was considered violative of the basic structure. This case demonstrated the power of the basic structure doctrine to check the actions of the Parliament and uphold the core values of the Constitution.
In addition to its role in amending the Constitution, Parliament also functions as a law-making body. It can make laws for the country by exercising its legislative power. However, if a law made by Parliament violates any provision of the Constitution, the Supreme Court has the authority to declare such a law invalid or ultra vires. This further reinforces the principle of separation of powers and the independence of the judiciary, as established in the basic structure doctrine.
While the basic structure doctrine limits Parliament's power to amend the Constitution, it is important to note that it is subject to interpretation and evolution. The specific elements of the basic structure may change over time to adapt to the needs and aspirations of society. This evolutionary nature of the doctrine allows for growth and adaptation while preserving the core values of the Constitution.
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Core values
The basic structure of the Indian Constitution, as formulated and developed by the Supreme Court of India, is a set of core values and principles that act as a safeguard to protect the integrity and stability of the constitutional framework. The doctrine of basic structure outlines the foundational principles of the Constitution and ensures that they are preserved over time.
The core values protected by the basic structure doctrine include democracy, secularism, federalism, and the rule of law. These values are reflected in the Preamble, which outlines the objectives of the Constitution and is considered an integral part of its basic structure. The Preamble and the provisions it translates are essential to the Constitution, according to Jaganmohan Reddy, J.
The basic structure doctrine was first introduced in the Kesavananda Bharati v. State of Kerala case in 1973, where the Supreme Court held that Parliament could amend any part of the Constitution as long as it did not alter or amend the basic structure or its essential features. This case was significant as it introduced the concept of the separation of powers between the legislative, executive, and judiciary branches of governance, and it limited Parliament's power to make amendments that may affect the core values enshrined in the Constitution.
The basic structure doctrine has been further clarified and applied in subsequent cases, such as Indira Nehru Gandhi v. Raj Narain, popularly known as the Election case, and Minerva Mills v. Union of India, where sections of the 42nd Amendment were declared unconstitutional. The doctrine has been criticised for not being explicitly defined in the Constitution and for giving unelected judges the power to strike down constitutional amendments. However, it is widely accepted and seen as a safeguard against majoritarianism and authoritarianism, ensuring that the Constitution remains true to its foundational principles and adaptable to societal changes.
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The evolution of the basic structure
The Indian Constitution is the supreme legal document of India and is the world's longest-written national constitution. The document lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. The concept of the 'basic structure' of the Indian Constitution evolved over time, with the phrase 'basic structure' first being introduced by M.K. Nambiar and other counsels while arguing for the petitioners in the Golaknath case. However, it was only in 1973 that the concept surfaced in the text of the apex court's verdict.
The 'basic structure' doctrine was formulated and developed by the Supreme Court of India in a series of landmark judgments. It was first propounded in the case of Kesavananda Bharati v. State of Kerala (1973). In this case, the SC held that there are certain basic features of the Constitution that are beyond the amending power of the legislature. The preamble of the Indian Constitution is considered an integral part of the basic structure. The preamble outlines the ideals and objectives of the Constitution and reflects the core values and principles upon which the Constitution is built. The basic structure doctrine prohibits any amendment that destroys or undermines these core elements.
The basic structure doctrine was further clarified in Minerva Mills v. Union of India. The 42nd Amendment had been enacted by the government of Indira Gandhi in response to the Kesavananda Bharati judgment in an effort to reduce the power of the judicial review of constitutional amendments by the Supreme Court. In the Minerva Mills case, Nanabhoy Palkhivala successfully moved the Supreme Court to declare sections 4 and 55 of the 42nd Amendment as unconstitutional.
The basic structure doctrine has also been applied in other cases such as Indira Nehru Gandhi v. Raj Narain, popularly known as the Election case, where the constitutionality of Article 329A, which had been inserted by the 39th Amendment in 1975, was challenged. The basic structure doctrine was also used to strike down parts of the 42nd Amendment. The basic structure doctrine has gained widespread legal and scholarly acceptance, with many subsequent cases and judgments relying heavily upon it to strike down Parliamentary amendments that were held to be unconstitutional.
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Frequently asked questions
The basic structure of the Indian Constitution refers to the foundational principles and values that cannot be amended and must be preserved. These include federalism, secularism, democracy, and the rule of law. The concept was introduced in the Kesavananda Bharati case in 1973, where the Supreme Court of India ruled that Parliament could amend any part of the Constitution as long as it did not alter its basic structure.
The key elements of the basic structure are not explicitly defined in the Constitution and are subject to interpretation and evolution over time. However, some of the widely recognised elements include:
- Federalism
- Secularism
- Democracy
- Rule of law
- Fundamental freedoms
- Directive principles
- Separation of powers
- Parliamentary system
- Welfare state
The basic structure doctrine has had a significant impact on Indian democracy by acting as a limitation on the power of Parliament to make amendments that may affect the core values of the Constitution. It ensures that the basic tenets of the Constitution, as envisioned by its founding fathers, are retained and prevents the concentration of power in any one branch of governance. The doctrine has been used to strike down unconstitutional amendments and restore Indian democracy, as seen in the Indira Nehru Gandhi v. Raj Narain case.
Some landmark cases that are important for understanding the basic structure of the Indian Constitution include:
- Kesavananda Bharati v. State of Kerala (1973)
- Indira Nehru Gandhi v. Raj Narain (also known as the Election case)
- Minerva Mills v. Union of India
- Golaknath Case
- Shankari Prasad Case
