PIMPRI LAW REVIEW JOUR NAL ISSN: 2583-5947 (Online) VOLUME 2 ISSUE 2 2023

BASIC STRUCTURE DOCTRINE

Vijaydeep Munjankar1

The Basic Structure Doctrine, a legal principle that was introduced and established by the
Indian judiciary, has completed 50 years since its inception. It was first enunciated by the
Supreme Court of India in the historic 1973 case of Kesavananda Bharati v. State of Kerala.

The Basic Structure Doctrine holds that there are certain fundamental features or basic elements
of the Indian Constitution that cannot be amended by the Parliament. These essential features
form the foundation and the essence of the Constitution and cannot be altered or destroyed by
any amendment, including those made under Article 368 of the Indian Constitution, which
deals with the power to amend the Constitution.

The doctrine provides a limitation on the amending power of the Parliament and ensures the
protection of the core principles and values enshrined in the Constitution. It acts as a safeguard
against any arbitrary or excessive amendment that may seek to alter the basic structure of the
Constitution. The specific elements that constitute the basic structure of the Indian Constitution
have not been exhaustively defined by the courts, allowing for flexibility and evolution over
time. However, some commonly accepted components of the basic structure include the
supremacy of the Constitution, the rule of law, and the separation of powers, judicial review,
federalism, secularism, and protection of fundamental rights.

The Basic Structure Doctrine has played a significant role in shaping Indian constitutional law.
It has been used by the Indian judiciary to strike down several constitutional amendments that
were deemed to violate the basic structure. This doctrine has been instrumental in upholding
the integrity and stability of the Indian Constitution and maintaining the balance of power
between the three branches of the government. It is important to note that the Basic Structure
Doctrine is specific to the Indian legal system and may not be applicable in other jurisdictions.
It is a unique feature of Indian constitutional law and has had a profound impact on the
interpretation and development of the Indian Constitution.

The Basic Structure Doctrine is not explicitly mentioned in the text of the Indian Constitution.
However, it has been developed and recognized as a legal principle by the Supreme Court of

1 Assistant Professor (Ad-hoc), Dr. D.Y. Patil Law College, Pimpri.

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India through its interpretation of various constitutional provisions. The doctrine finds its roots
in the landmark case of Kesavananda Bharati v. State of Kerala (1973). In this case, the
Supreme Court held that although the Parliament has the power to amend the Constitution
under Article 368, such amending power cannot be used to destroy or alter the basic structure
of the Constitution.

While the doctrine is not explicitly mentioned in the Constitution, it derives its legitimacy from
several constitutional provisions and principles. Some of the key provisions and principles that
form the basis for the Basic Structure Doctrine are:

1. Preamble: The Preamble of the Indian Constitution enshrines the basic principles and
objectives of the Constitution, such as justice, liberty, equality, and fraternity. The Basic
Structure Doctrine draws its strength from the idea that these principles are foundational
and cannot be tampered with by the amending power of the Parliament.

2. Fundamental Rights: Part III of the Constitution guarantees fundamental rights to all
citizens. These rights include the right to equality, freedom of speech and expression,
right to life and personal liberty, and more. The Basic Structure Doctrine protects these
fundamental rights as an essential component of the basic structure of the Constitution.

3. Directive Principles of State Policy: Part IV of the Constitution contains the Directive
Principles of State Policy, which are guiding principles for the government to promote
social justice, equality, and welfare. The Basic Structure Doctrine ensures that
amendments cannot compromise the core principles and objectives of the Directive
Principles.

4. Separation of Powers: The Constitution establishes a system of separation of powers

between the legislature, executive, and judiciary. The Basic Structure Doctrine protects
this separation of powers as a fundamental feature of the Constitution, ensuring that no
single organ of the government becomes disproportionately powerful.

5. Judicial Review: The power of judicial review is implicit in the Constitution, allowing
the judiciary to interpret and uphold the Constitution. The Basic Structure Doctrine
empowers the judiciary to review and strike down constitutional amendments that
violate the basic structure.

It is important to note that the specific elements considered part of the basic structure have
evolved through judicial interpretations over time. The Supreme Court has identified several

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components, such as the supremacy of the Constitution, rule of law, independence of the
judiciary, secularism, federalism, and more, as part of the basic structure.

The Basic Structure Doctrine is a key constitutional principle in India that limits the power of
the Parliament to amend certain fundamental features of the Constitution. According to this
doctrine, certain core principles and values cannot be altered through constitutional
amendments. The Supreme Court of India has used the Basic Structure Doctrine to strike down
several constitutional amendments over the years. Here are some notable cases related to the
Basic Structure Doctrine in the Indian Constitution:

1. Kesavananda Bharati v. State of Kerala (1973): This landmark case is widely

considered the most significant case regarding the Basic Structure Doctrine. The
Supreme Court, in a historic decision, held that the Parliament can amend any part of
the Constitution but cannot alter its basic structure. The judgment laid down the basic
structure doctrine and established that certain fundamental features, such as the
supremacy of the Constitution, secularism, democracy, federalism, and judicial review,
are beyond the amending power of the Parliament.

2. Indira Gandhi v. Raj Narain (1975): In this case, the Supreme Court invoked the Basic
Structure Doctrine to strike down certain provisions of the 39th Amendment Act, which
was passed by the Parliament to nullify the court's judgment in the Election case against
then-Prime Minister Indira Gandhi. The court held that the amendments violated the
basic structure of free and fair elections.

3. Minerva Mills Ltd. v. Union of India (1980): In this case, the Supreme Court used the
Basic Structure Doctrine to invalidate certain provisions of the 42nd Amendment Act,
which was passed during the Emergency period. The court held that the amendments
violated the basic structure and undermined the independence of the judiciary.

4. Waman Rao v. Union of India (1981): In this case, the Supreme Court reiterated the
Basic Structure Doctrine and held that the power of judicial review is an essential and
integral feature of the Constitution's basic structure. The court struck down certain
provisions of the 42nd Amendment Act, which sought to curtail the scope of judicial
review.

5. S.R. Bommai v. Union of India (1994): In this case, the Supreme Court applied the
Basic Structure Doctrine in the context of federalism. The court held that secularism

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and federalism are basic features of the Constitution and cannot be abrogated by the
Parliament. The judgment clarified that any attempt to undermine the democratic fabric
or secular ethos of the nation would violate the basic structure.

These are just a few significant cases that have shaped the application and understanding of
the Basic Structure Doctrine in the Indian Constitution. The doctrine continues to be an
essential principle in constitutional jurisprudence in India. The impact of the Basic Structure
Doctrine on the Indian Constitution has been profound and far-reaching. Here are some key
impacts:

1. Limitation on Amending Power: The Basic Structure Doctrine establishes a limitation

on the amending power of the Parliament. It ensures that the Parliament cannot amend
the Constitution in a manner that infringes upon or destroys the basic structure. This
limitation has helped maintain the integrity and stability of the Constitution, preventing
arbitrary changes that could undermine its fundamental principles.

2. Protection of Fundamental Rights: The Basic Structure Doctrine has played a

significant role in safeguarding fundamental rights in India. It ensures that any
constitutional amendment that seeks to dilute or curtail these rights is subject to judicial
scrutiny. This has led to the protection and expansion of individual liberties and human
rights in the country.

3. Balancing Powers: The doctrine has helped maintain a balance of powers among the
three branches of government in India. By preventing the Parliament from excessively
encroaching upon the powers of the judiciary or other constitutional bodies, it ensures
the separation of powers and prevents any single institution from becoming too
dominant.

4. Judicial Activism: The Basic Structure Doctrine has encouraged judicial activism in
India. The judiciary has actively interpreted and applied the doctrine to strike down
constitutional amendments that violate the basic structure. This activism has
strengthened the role of the judiciary as a protector of the Constitution and a check on
the legislative and executive branches.

5. Evolution of Constitutional Law: The doctrine has allowed for the evolution of
constitutional law in India. It has given the judiciary the flexibility to adapt the concept
of the basic structure to changing social, economic, and political realities. As a result,

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the Indian Constitution has been able to respond to emerging challenges and
developments while preserving its core values.

6. Stability and Continuity: The Basic Structure Doctrine has contributed to the stability
and continuity of the Indian Constitution. By protecting the basic structure from
arbitrary amendments, it ensures that the constitutional framework remains intact, even
during times of political changes or shifting power dynamics.

7. Protection of Secularism and Federalism: The doctrine has been instrumental in

upholding the principles of secularism and federalism in India. It prevents amendments
that may undermine the secular fabric of the nation or alter the federal structure of
governance. This protection ensures the preservation of India's diverse and pluralistic
society.

8. Democratic Values: The Basic Structure Doctrine reinforces democratic values in

India. By safeguarding the principles of democracy, such as free and fair elections,
parliamentary accountability, and the rule of law, it strengthens the democratic
framework of the country and protects the rights and freedoms of its citizens.

The Basic Structure Doctrine has had a transformative impact on the Indian Constitution. It has
protected fundamental rights, maintained a balance of powers, allowed for the evolution of
constitutional law, ensured stability and continuity, and upheld democratic values and the
principles of secularism and federalism. The doctrine has played a vital role in preserving the
integrity and essence of the Indian Constitution. The Basic Structure Doctrine in India has
significant social implications as it seeks to protect the core values and principles enshrined in
the Constitution. Here are some key social aspects related to the Basic Structure Doctrine:

1. Protection of Fundamental Rights: The Basic Structure Doctrine ensures the protection
of fundamental rights guaranteed by the Constitution, such as the right to equality,
freedom of speech and expression, and the right to life and personal liberty. By
safeguarding these rights, the doctrine promotes social justice, inclusivity, and
individual freedoms.

2. Secularism and Pluralism: The doctrine upholds secularism as a basic feature of the
Constitution. It prevents the alteration of the secular character of the Indian state, which
fosters religious harmony, tolerance, and respect for diverse faiths and beliefs. This
aspect of the doctrine promotes social cohesion and helps maintain a pluralistic society.

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3. Democratic Values: The Basic Structure Doctrine reinforces the democratic principles
and values embedded in the Constitution. It protects the democratic framework,
including free and fair elections, representative governance, and the rule of law. By
preserving these democratic values, the doctrine strengthens social participation,
accountability, and the voice of the people in decision-making processes.

4. Social Justice and Equality: The doctrine acts as a safeguard against any amend ments
that could compromise the principles of social justice and equality. It ensures that
affirmative action policies, reservations for marginalized communities, and other
measures aimed at achieving social equality are not diluted or undermined. By
protecting these provisions, the doctrine contributes to the advancement of social justice
and inclusivity.

5. Judicial Activism: The Basic Structure Doctrine has provided a basis for judicial
activism in India. The judiciary has played an active role in interpreting and protecting
the basic structure, often intervening to ensure the adherence of legislative and
executive actions to constitutional principles. This judicial activism has led to important
social changes, including advancements in human rights, women's rights,
environmental protection, and the rights of marginalized communities.

6. Social Stability and Consistency: The Basic Structure Doctrine provides stability and
consistency to the constitutional framework. By preventing hasty and arbitrary changes
to the Constitution, the doctrine ensures a solid foundation for social progress and
development. It allows for gradual and thoughtful reforms while maintaining the core
values and principles of the Constitution.

7. Balancing State Power: The Basic Structure Doctrine acts as a check on excessive state
power. It prevents the Parliament from altering the basic structure of the Constitution
without due consideration and debate. This aspect of the doctrine safeguards against
authoritarianism and helps maintain a balance of power between the government and
the judiciary, thereby protecting individual liberties and societal interests.

The social aspect of the Basic Structure Doctrine in India encompasses the protection of
fundamental rights, promotion of social justice and equality, preservation of secularism and
pluralism, reinforcement of democratic values, judicial activism, social stability, and the
balancing of state power. These aspects contribute to building an inclusive, just, and
progressive society in India.

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Advantages of the Basic Structure Doctrine:

1. Safeguarding Constitutional Integrity: The Basic Structure Doctrine plays a crucial role
in protecting the integrity of the Constitution. By identifying certain unalterable
elements, it ensures that the fundamental principles and values of the Constitution
remain intact. This helps maintain stability and continuity in the constitutional
framework.

2. Protection of Fundamental Rights: An important merit of the Basic Structure Doctrine

is its role in safeguarding fundamental rights. It prevents the Parliament from diluting
or undermining these rights through constitutional amendments. This protection
ensures the preservation and expansion of individual liberties and human rights,
fostering a more inclusive and rights-oriented society.

3. Balance of Powers: The Basic Structure Doctrine helps maintain a balance of powers
among the branches of government. By limiting the Parliament's amending power, it
prevents excessive encroachment on the powers of the judiciary or other constitutional
bodies. This balance is essential for a healthy functioning democracy, preventing the
concentration of power in a single institution.

4. Judicial Activism and Constitutional Interpretation: The doctrine encourages judicial

activism and interpretive flexibility. It empowers the judiciary to interpret and define
the basic structure, allowing for adaptability to evolving societal needs and
circumstances. This judicial activism has contributed to the evolution and progress of
constitutional law in India.

Disadvantages of the Basic Structure Doctrine:

1. Judicial Overreach: Critics argue that the Basic Structure Doctrine grants excessive
power to the judiciary, potentially resulting in judicial overreach. They contend that
unelected judges should not have the authority to determine the limits of constitutional
amendments, as this power should reside with the elected representatives of the people.

2. Lack of Clarity and Certainty: The Basic Structure Doctrine lacks precise definition
and clarity regarding the components that constitute the basic structure. This lack of
clarity allows for subjective interpretation and creates uncertainty, making it
challenging to predict the outcome of challenges to constitutional amendments.

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3. Political Controversy and Polarization: The doctrine can give rise to political
controversy and polarization. When constitutional amendments are invalidated on the
grounds of violating the basic structure, it can generate divisions and conflicts among
different political and ideological groups. This can hinder the smooth functioning of
the legislative process and impact governance.

4. Potential Rigidity: Some argue that the doctrine's protection of the basic structure may
be perceived as inflexible and rigid. Critics contend that it restricts the ability to adapt
the Constitution to evolving circumstances and emerging needs. They argue for more
flexibility in constitutional amendments to address evolving challenges without the risk
of being invalidated for violating the basic structure.

It is important to note that the merits and demerits of the Basic Structure Doctrine are subject
to differing opinions and perspectives. The impact and implications of the doctrine can vary
depending on the specific context and the individuals involved in its application.

Conclusion:

The Basic Structure Doctrine establishes that certain fundamental aspects of the Indian
Constitution are beyond the reach of parliamentary amendments. These features form the
foundation of the constitutional framework and are crucial for upholding democracy,
secularism, rule of law, and individual rights. The doctrine was first introduced by the Supreme
Court in the landmark Kesavananda Bharati case in 1973, stating that the Parliament can amend
the Constitution but cannot modify its basic structure.

While the specific elements encompassed within the basic structure have been subject to
interpretation and debate, commonly recognized components include constitutional
supremacy, rule of law, judicial review, and separation of powers, federalism, secularism, and
protection of fundamental rights. The Basic Structure Doctrine plays a vital role in preserving
the integrity and stability of the Indian Constitution. It acts as a check on arbitrary legislative
power and ensures the preservation of core constitutional principles. It enables judicial review
and safeguards citizens' rights against unconstitutional amendments.

Although the doctrine has been widely accepted and upheld by subsequent court decisions, its
application and interpretation continue to be subjects of ongoing legal discourse. The

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boundaries of the basic structure are not always clearly defined, allowing for judicial
interpretation and evolution in response to societal changes and constitutional challenges.

In nutshell, the Basic Structure Doctrine is a crucial principle in Indian constitutional law,
safeguarding the fundamental principles and essential features of the Constitution. It serves as
a protection against attempts to undermine the basic structure and helps maintain a
constitutional balance between the branches of government while safeguarding individual
rights.