UNIVERSITY INSTITUTE

OF LEGAL STUDIES
SUBJECT: CONSTITUTIONAL LAW-I
(LCT-224, LCT-111)
LLB /B.A.LL.B/B.COM.LL.B/B.B.A.LL.B

By Dr. Inderpreet Kaur

CONSTITUTIONAL LAW-1 DISCOVER . LEARN . EMPOWER

Doctrine of Basic
Structure

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 • Space for visual (size 24)
Lecture plan of Doctrine of
Basic Structure

1 what is constitution ?
2.What is the basic structure doctrine
?
3 Need for the basic structure
doctrine.
3 Evolution of Basic Structure
concept.
4 Essentials of Basic structure .
5 Case Study
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What is constitution?”

• Constitution is the
fundamental law which
regulates the
administration of the
country.
• It is a Living organ and not
a fossil.
• It is a fundamental norm

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What is doctrine of basic structure?

.There is no mention of the term “Basic structure” anywhere in the Indian

Constitution. The idea that the parliament cannot introduce laws that would
amend the basic structure of the constitution evolved gradually over time
and in many cases.

.The idea that the parliament is to preserve the nature of the Indian
democracy and protect the rights and liberties of people.

.The doctrine helps to protect and preserve the spirit of the constitution
document

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Need for Basic structure
• According to the constitution, the parliament and state legislature can
make laws within their jurisdictions.
• The power to amend the constitution is only with the parliament and
not the state legislative assemblies. However this power of the
parliament is not absolute .
• The supreme court has the power to declare any law that it finds
unconstitutional void.
• As per the Basic structure doctrine , any amendment that tries to
change the basic structure of the constitution is invalid.

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INITIAL VIEW :- Parliament can amend
everything

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Evolution of the Basic structure concept
• The concept of basic structure of the constitution evolved with the help of
following landmark judgments related to this doctrine.
• CASE STUDY :-
1. Shankari Prasad 1951/ 1st constitutional amendment 1951
- held that parliament has power to amend Fundamental rights in part 3 as well.
The parliament enjoyed 2 types of legislative power namely :-
i) The constituent legislative power u/art 368
ii) The ordinary legislative power u/art 368
2. Sajjan singh case 1965
Upheld the judgment of shankari prasad case

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 SECOND VIEW :- Golaknath case 1967
• The court reversed its earlier jugdments and overruled above
judgments.

• It was held that FR’s cannot be amended as restricted in Article 13

and also stated that article 368 gives the procedure to amend the
constitution but does not confer on parliament the power to amend
the constitution.
• Further the FR’s had been provided with TRANSCENDENTAL or
OVERRIDING power & because of this no authority can amend it .

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THIRD VIEW :- Government’s effort to
overcome golaknath’s case
• The Twenty-fourth Amendment of the Constitution of India, officially known as The
Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to
dilute Fundamental Rights through Amendments of the Constitution. It also amended
article 368 to provide expressly that Parliament has power to amend any provision of the
Constitution.
• The 24th Amendment was enacted, by the government , to abrogate the Supreme
Court ruling in Golaknath v. State of Punjab. The judgement reversed the Supreme Court's
earlier decision which had upheld Parliament's power to amend all parts of the
Constitution, including Part III related to Fundamental Rights. The judgement left
Parliament with no power to curtail Fundamental Rights. To abrogate the ruling, the
government intended to amend article 368 to provide expressly that Parliament has power
to amend any provision of the Constitution, thereby bringing Fundamental Rights within
the scope of its amending procedure, and preventing review of those changes by the
courts.
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FOURTH VIEW :- Keshwananda Bharati
1973
• This was a landmark judgment in defining the concept of the basic
structure doctrine.
• Constitutional validity of 24th & 25th amendment was challenged .
• The SC held that although no part of the constitution including FR’s
was beyond the parliament’s amending power ,the basic structure of
the constitution could not be abrogated even by a constitutional
amendment .”
• It also laid that parliament can only amend and not rewrite the
constitution.

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Illustrative list of Basic structure
1.Supremacy of the constitution
2.Democracy
3.Separation of powers between the three pillars
4.Federal Character
5.Dignity of individual
6.Soverignty of India
7.Independence of judiciary
8. Free and fair elections
9. Fundamental Rights
10. Judicial review
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FIFTH VIEW :- 42nd amendment act 1976
• The purpose of the amendment was to give Parliament unrestrained
power to amend any parts of the Constitution, without judicial review

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Case study
• 5 Indira Gandhi v Raj Narain 1975
• 6 Minerva mills 1980
• 7 Woman Rao 1981
• 8 S.R Bommai 1994

• NOTE :- please refer your text books and read /write the above four
cases to complete the basic structure doctrine.

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PRESENT POSITION
• Thus ,the present position is that the parliament can amend
any part of the constitution including the FR’s but such as
amending power of parliament is not unlimited & it is limited
to extent of not destroying basic structure of constitution .

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Application
• The students will be able to understand concept of basic structure
doctrine.
• The students will be able to appreciate the landmark cases on basic
structure doctrine.

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Internal Assessment Pattern

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 REFERENCES
Books
• Kumar Narendra, Constitutional Law of India.
• Allahabad Law Agency, Faridabad(Haryana), Ninth Edition, 2016

• Bakshi PM, The Constitution of India, Universal Law Publishing Co., New Delhi, Eighth Edition, 2009.

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THANK YOU
For Queries:
Email: inderpreet.e9827@cumail.in