DAILY CLASS NOTES

NCERT: Indian Polity

Lecture -08
Doctrine of Basic Structure and
Philosophy of Constitution
(Part - III)
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Doctrine of Basic Structure and Philosophy of Constitution (Part - III)

❖ The Doctrine of Basic Structure

❖ Constitution as a Living Document
❖ Philosophy of the Constitution

The Doctrine of Basic Structure:

❖ Basic Structure refers to all important values, principles, and provisions on which the
entire Constitution rests.

❖ If the Basic Structure is destroyed then the whole Constitution would be disturbed.

❖ The Doctrine of Basic Structure was propounded by the Supreme Court in the
Kesavananda Bharati vs State of Kerala Case, 1973.

➢ The Supreme Court stated that Parliament can amend any part of the Constitution
but it cannot destroy the basic structure of the Constitution.

➢ It places the Judiciary as the final authority in deciding what constitutes the basic
structure and if an amendment to the Constitution violates the basic structure.

❖ Although the Supreme Court refused to precisely explain what aspects are part of the
basic structure, it has described what constitutes the basic structure from time to time.

➢ Example: In the Minerva Mills Case, 1980, the Supreme Court ruled that the power
of judicial review constitutes the basic structure of the Constitution.

❖ The theory of basic structure is itself an example of a living constitution.

❖ There is no mention of this theory in the Constitution.

❖ The basic structure doctrine has further consolidated the balance between rigidity and
flexibility: By saying that certain parts cannot be amended, it has underlined the rigid
nature while by allowing amendments to all others it has underlined the flexible nature
of the amending process.
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❖ In 2000, a committee to review the workings of the Constitution was formed by the
Government of India under the Chairmanship of Justice Venkatachaliah. He accepted
that the doctrine of basic structure should not be amended by the Parliament rather
it must be respected by the Parliament and the Government.

❖ A number of judicial interpretations have changed our understanding of the

Constitution. The Government and the people of India have also accepted them.

➢ Example: The judiciary has tried to establish a balance between Fundamental rights
and Directive Principles of State Policy through its interpretations in different cases.

Constitution As a Living Document:

❖ The idea of the Constitution as a living document means that the Constitution can
change itself with the passage of time.
Thus almost like a living being, this
document keeps responding to the
situations and circumstances arising from
time to time.

❖ Even after so many changes in society, the

Constitution continues to work effectively
because of its ability to be dynamic, to be
open to interpretations, and the ability to
respond to the changing situation. This is a hallmark of a democratic Constitution.

❖ The factors responsible for making the Indian Constitution a living document include:

➢ Amendments by Parliament:

✓ The Indian Constitution is a blend of rigidity and flexibility.

✓ Flexibility in the Indian Constitution: Most provisions in the Constitution can be

amended by a simple majority of both Houses of Parliament.

✓ Rigidity in the Indian Constitution: Certain cases can be amended by a special

majority of all the members of the Parliament. Certain features relating to the
federation require ratification by half of the states besides requiring a special
majority.
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➢ Judicial Interpretations:

✓ The various interpretations of the Supreme Court have played an important

role in the evolution of the Constitution without changing its basic or core values
and principles. Example: Doctrine of Basic Structure.

➢ Maturity of Political Leadership:

✓ In between 1967-73, there was an ongoing tussle between the Parliament and
Supreme Court. Finally, in 1973, the Doctrine of Basic Structure was
propounded by the Supreme Court.

✓ In retaliation, the Parliament passed the 42nd Constitutional Amendment Act

of 1976 (mini-constitution) to restrict the power of judicial review of the
Supreme Court.

✓ In the Minerva Mills Case of 1980, the Supreme Court said that judicial review
is a part of the basic structure of the Constitution and struck down the provision
of the 42nd Constitutional Amendment Act relating to the restriction on the
power of judicial review.

✓ Eventually, the doctrine of basic structure was accepted by all including

Parliament and the Government. Had Parliament wanted, it could have
disturbed this doctrine thus escalating the tensions between itself and the
judiciary. But this didn't happen due to the maturity of the political leadership
of the time.

Philosophy of the Constitution:

❖ Philosophy is something that creates room

for debates, discussions, and deliberations
guided by reason, logic, and rationality.

❖ The philosophy of the Constitution means

the:

➢ Goals of the Constitution

➢ Objectives of the Constitution

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➢ Meaning of Important Provisions in the Constitution such as citizenship, justice, etc.

➢ Role of the Constituent Assembly

Justice

❖ Justice means giving people what they deserve.

❖ The Indian Constitution has adopted the idea of justice

from the USSR Constitution.

Freedom

❖ Freedom is the ability to say ‘YES’ when it is needed, the

ability to say ‘NO’ when it is needed, and the ability to
maintain ‘SILENCE’ when nothing is needed. When all
these dimensions are available then we call it freedom.

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