The Theory of Basic Structure or Doctrine of Basic
Structure
The validity of the 24th Amendment was challenged in Kesavananda Bharati v. State of
Kerala (AIR 1973 SC 1461). This case is popularly known as the 'Fundamental Rights Case.'
The Supreme Court upheld the validity of the 24th Amendment and held that Parliament can
amend any part of the Constitution, including the Preamble, subject to the condition that the
basic features or basic structure of the Constitution should not be destroyed by such an
amendment.
By evolving the 'Basic Structure Theory,' the Supreme Court resolved the conflict between
two opposing views—whether Parliament's power to amend is unlimited or limited. This gave
rise to the crucial question: "What constitutes the basic structure?"
The majority of seven Judges in Kesavananda Bharati's Case did not explicitly define the
term 'basic structure', but they identified certain essential features, including:
1. Republican and Democratic form of Government
2. Secular character of the Constitution
3. Supremacy of the Constitution
4. Separation of powers between the legislature, the executive and the judiciary
5. Federal character of the Constitution
6. Sovereignty of the Country
7. The dignity of the individual
8. Freedom and basic rights in Part III
9. Welfare or economically just society as per the Principles under Part IV –
Egalitarian Society
10.Justice: Social, Economic and Political
11.Liberty of thought, expression, belief, faith and worship
12.Equality of status and opportunity
13.Parliament with Lok Sabha and Rajya Sabha
In post-Kesavananda cases, the Supreme Court recognised additional components as part of
the basic structure.
In Indira Nehru Gandhi v. Rajnarain (AIR 1975 SC 2299), the Court held that free, just, and
fair elections and the Rule of Law are also basic features. Consequently, the 39th
Amendment was declared unconstitutional.
In Minerva Mills v. Union of India (AIR 1980 SC 1789), the harmonious construction
between Part III (Fundamental Rights) and Part IV (Directive Principles) was ruled as a part
of the basic structure. Thus, the 42nd Amendment was struck down.
The principle of Rule of Law was reiterated in Samba Murthy v. State of A.P. (AIR 1987 SC
663). Similarly, Independence of Judiciary was emphasised in Kumar Padma Prasad v.
Union of India (AIR 1992 SC 1213).
The basic structure doctrine further included:
● Parliamentary Democracy in Kitho Hallohan v. Zachillhu (AIR 1993 SC 412)
● Secularism in Valasamma Veocluin University (AIR 1996 SC 1101)
● Judicial Review in Chandra Kumar v. Union of India (AIR 1997 SC 1125)
In State of Bihar v. Bal Mukund Sah & Ors. (AIR 2000 SC 1296 @ 1371), the Court observed
that 'Separation of Powers' between the legislature, executive and judiciary, along with the
independence of the judiciary, are now elevated to the level of basic structure and form
the very heart of the constitutional scheme.
It is evident that the amending power of Parliament under Article 368 is not absolute or
unlimited. It is subject to the Basic Structure Doctrine. However, since the term ‘basic
structure’ is not definitively defined, it remains open to interpretation. Hence, there is a
pressing need for the Supreme Court to clearly define or specify the basic structure to
prevent future conflicts and ambiguities.
History of Constitutional Amendments
The Constitution of India came into force on 26th January 1950. It was framed with a deep
understanding of the prevailing social, cultural, economic, and political conditions of the
time. Over the decades, it has been amended periodically to meet the needs of evolving
circumstances.
So far, 105 Constitutional Amendment Acts have been enacted, beginning with the First
Amendment on 18th June 1951 and extending to the One Hundred and Fifth Amendment
Act, 2021, which came into effect on 15th September 2021.
