Constitutional Amendments: The Basic Structure Doctrine
The Constitution of India, while flexible, also possesses certain fundamental features that are considered its 'basic structure'. These core elements are deemed unamendable, even by the Parliament's constituent power. This doctrine, established through landmark judicial pronouncements, aims to safeguard the Constitution's identity and spirit.
Evolution of the Basic Structure Doctrine
The concept of a 'basic structure' emerged from a series of Supreme Court judgments, notably in response to Parliament's attempts to assert its supremacy over fundamental rights. The journey began with the <b>Shankari Prasad Singh Deo v. Union of India (1951)</b> case and evolved significantly through subsequent landmark cases.
Parliament's power to amend the Constitution is not absolute.
While Parliament can amend any part of the Constitution, including Fundamental Rights, it cannot alter or destroy the 'basic structure' or 'essential features' of the Constitution.
The Supreme Court, in cases like <b>Golak Nath v. State of Punjab (1967)</b>, initially held that Parliament could not amend Fundamental Rights. However, this was later revisited and modified. The most definitive pronouncement came in the <b>Kesavananda Bharati v. State of Kerala (1973)</b> case, which introduced and solidified the Basic Structure Doctrine. This judgment stated that while Parliament has the power to amend the Constitution under Article 368, this power is limited. Amendments that alter or destroy the 'basic structure' of the Constitution are unconstitutional.
Key Components of the Basic Structure
The Supreme Court has not provided an exhaustive list of what constitutes the 'basic structure'. However, through various judgments, certain features have been consistently identified as integral to it. These include:
| Feature | Significance |
|---|---|
| Supremacy of the Constitution | The Constitution is the supreme law of the land. |
| Republican and democratic form of government | Ensures governance by elected representatives. |
| Secular character of the Constitution | Guarantees freedom of religion and equality of all religions. |
| Separation of powers between the legislature, executive, and judiciary | Prevents concentration of power and ensures checks and balances. |
| Federal character of the Constitution | Division of powers between the Union and the States. |
| Sovereignty and unity of India | Protects the territorial integrity and independence of the nation. |
| Welfare state (socio-economic justice) | Commitment to social and economic upliftment of citizens. |
| Judicial review | Power of the judiciary to examine the constitutionality of laws. |
| Freedom and dignity of the individual | Protection of fundamental rights and human dignity. |
| Parliamentary system | The form of government established in India. |
Impact and Significance
The Basic Structure Doctrine is a cornerstone of Indian constitutional jurisprudence. It acts as a safeguard against potential misuse of amending powers by the Parliament, ensuring that the fundamental ethos and identity of the Constitution remain intact. This doctrine upholds the rule of law and protects the rights and freedoms of citizens.
The Basic Structure Doctrine is a judicial innovation that balances the Parliament's power to amend with the need to preserve the Constitution's core identity.
Kesavananda Bharati v. State of Kerala (1973)
Types of Amendments in India
Article 368 of the Constitution of India outlines the procedure for amendment. Broadly, amendments can be categorized into three types:
| Type of Amendment | Article 368 Provisions | Examples |
|---|---|---|
| Amendment by Simple Majority | Not explicitly covered by Article 368; done by ordinary legislative process. | Formation of new states, alteration of boundaries, admission of new states. |
| Amendment by Special Majority | Requires a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting. | Fundamental Rights, Directive Principles of State Policy, provisions related to citizenship. |
| Amendment by Special Majority plus Ratification by States | Requires a special majority as above, plus ratification by the legislatures of at least half of the states. | Election of the President, extent of executive power of the Union and States, provisions relating to Supreme Court and High Courts, representation of states in Parliament. |
The Basic Structure Doctrine primarily applies to amendments made under Article 368, particularly those requiring a special majority, ensuring that even these significant changes do not violate the Constitution's foundational principles.
The Basic Structure Doctrine acts as a constitutional safeguard. Imagine the Constitution as a building. The 'basic structure' represents the foundation and load-bearing walls. While renovations (amendments) can be made to rooms or interiors, the foundation and core structure cannot be altered without collapsing the entire building. This doctrine prevents Parliament from making amendments that would fundamentally change the nature and identity of the Indian Constitution.
Text-based content
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Learning Resources
Provides the official text of Article 368, detailing the powers of Parliament to amend the Constitution and the procedure therefor.
The full text of the landmark Supreme Court judgment that established the Basic Structure Doctrine, a crucial resource for understanding its origins and scope.
An important precursor to Kesavananda Bharati, this judgment initially held that Fundamental Rights could not be amended by Parliament.
The earliest case where the Supreme Court upheld Parliament's power to amend Fundamental Rights, setting the stage for later debates.
A concise and informative overview of the Basic Structure Doctrine, its evolution, and its implications for constitutional amendments in India.
Explains the doctrine in detail, including its historical context and the key elements that constitute the basic structure.
A comprehensive guide to the different types of constitutional amendments in India and the procedures involved, including the role of Article 368.
A video explaining the dynamic nature of the Indian Constitution and how amendments, including those related to basic structure, keep it relevant.
A detailed video lecture specifically tailored for UPSC aspirants, covering the Basic Structure Doctrine and its significance in Polity.
The Wikipedia page for the Constitution of India provides a broad overview, including sections on its amendment process and key doctrines like the Basic Structure.