Indian Polity — Basic Structure of the Indian Constitution

Figure 1: The Basic Structure Doctrine was propounded in the Kesavananda Bharati case and is frequently tested in UPSC examinations.

1. Introduction

• The doctrine of Basic Structure was propounded by the Indian Judiciary on 24th April, 1973 in the Kesavananda Bharati case.
• It put a hold on the amending powers of the Parliament so that the 'Basic Structure of the Constitution' remains intact and cannot be amended in the exercise of its 'constituent powers' provided under Article 368 of the Indian Constitution.

KNOWLEDGE NUGGET

• Propounded: 24th April, 1973 (Kesavananda Bharati case)
• Purpose: To limit Parliament's amending power under Article 368
• Basic Structure: Cannot be amended by Parliament

2. Elements of the Basic Structure

• Supremacy of the Constitution • Federal character of the Constitution • Secular Character of the Constitution • Separation of powers between the legislature, the executive, and the judiciary • The sovereign, democratic, and republican nature of the Indian Polity • Unity and integrity of the nation • Welfare state (socio-economic justice) • Limited power of Parliament to amend the Constitution • Freedom and dignity of the individual • Parliamentary system • The rule of law • Principle of equality • Free and fair elections • Independence of Judiciary • Judicial review • Principles (or essence) underlying fundamental rights • Powers of the Supreme Court under Articles 32, 136, 141 and 142 • Powers of the High Courts under Articles 226 and 227 • Harmony and balance between Fundamental Rights and Directive Principles

KEY ELEMENTS

• Supremacy of the Constitution
• Federalism, Secularism, Democracy
• Separation of Powers
• Judicial Review
• Rule of Law
• Independence of Judiciary
• Parliamentary System
• Free and Fair Elections

3. Important Cases Related to the Basic Structure

Case	Key Contribution
Shankari Prasad vs. Union of India (1951)	The Supreme Court held that the Parliament, under Article 368, has the power to amend any part of the Constitution, including the Fundamental Rights.
Golak Nath vs. State of Punjab (1967)	The Supreme Court reversed its earlier stand. Ruled that Fundamental Rights are given a 'transcendental and immutable' position, and hence, the Parliament cannot abridge or take away any of these rights. The Parliament reacted by enacting the 24th Amendment Act (1971), which declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368.
Kesavananda Bharati vs. State of Kerala (1973)	The Supreme Court held that the Parliament has the power to amend any provision of the Constitution, but in doing so, the Basic Structure of the Constitution is to be maintained. The Court propounded what has come to be known as the "Basic Structure of the Constitution". Every provision could be amended, but these amendments could be subjected to judicial review to ascertain that the Basic Structure remains intact.
42nd Amendment Act (1976)	Declared that there is no limitation to the constituent power of Parliament under Article 368. Also called the "Mini-constitution" for introducing wide-ranging constitutional changes. Barred the courts from questioning constitutional amendments.
Minerva Mills vs. Union of India (1980)	Invalidated provisions of the 42nd CAA and ruled that the Parliament cannot take away the power of 'judicial review' as it is a part of the 'Basic Structure'.
Indra Sawhney vs. Union of India (1992)	Declared the Rule of Law as a Basic Structure of the Constitution. Also known as the Mandal case.
Kihoto Hollohan Case (1993)	Added free and fair elections and sovereign, Democratic, and Republican structures to the Basic Structure. Ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review. Also known as the Defection case.
S.R. Bommai vs. Union of India (1994)	Declared Federalism, Secularism, and Democracy as the Basic Structure of the Constitution.

EVOLUTION OF BASIC STRUCTURE DOCTRINE

• Shankari Prasad (1951): Parliament can amend any part including FRs
• Golak Nath (1967): Parliament cannot amend FRs (FRs are immutable)
• 24th Amendment (1971): Parliament can abridge FRs under Article 368
• Kesavananda Bharati (1973): Parliament can amend but cannot destroy Basic Structure
• 42nd Amendment (1976): No limitation on Parliament's amending power
• Minerva Mills (1980): Judicial review is part of Basic Structure
• Indra Sawhney (1992): Rule of Law is Basic Structure
• Kihoto Hollohan (1993): Free and fair elections are Basic Structure
• S.R. Bommai (1994): Federalism, Secularism, Democracy are Basic Structure

4. Summary: Basic Structure at a Glance

Case / Amendment	Year	Key Contribution
Shankari Prasad	1951	Parliament can amend any part including FRs
Golak Nath	1967	Parliament cannot amend FRs (transcendental)
24th Amendment	1971	Parliament can abridge FRs under Article 368
Kesavananda Bharati	1973	Basic Structure Doctrine propounded
42nd Amendment	1976	No limitation on Parliament's power
Minerva Mills	1980	Judicial review is Basic Structure
Indra Sawhney	1992	Rule of Law is Basic Structure
Kihoto Hollohan	1993	Free and fair elections are Basic Structure
S.R. Bommai	1994	Federalism, Secularism, Democracy are Basic Structure

Key Takeaways for UPSC

• Kesavananda Bharati (1973): Propounded the Basic Structure Doctrine
• Basic Structure: Cannot be amended by Parliament
• Elements: Supremacy of Constitution, Federalism, Secularism, Democracy, Separation of Powers, Judicial Review, Rule of Law
• Minerva Mills (1980): Judicial review is part of Basic Structure
• Indra Sawhney (1992): Rule of Law is Basic Structure
• S.R. Bommai (1994): Federalism, Secularism, Democracy are Basic Structure
• 42nd Amendment (1976): Attempted to bar judicial review — partially struck down in Minerva Mills
• Golak Nath (1967): Parliament cannot amend FRs (later overruled by Kesavananda Bharati)

High-Yield Interactive UPSC Quiz (Basic Structure)

Q1. The Basic Structure Doctrine was propounded in which landmark case?

Correct Answer: B. The Basic Structure Doctrine was propounded by the Indian Judiciary on 24th April, 1973 in the Kesavananda Bharati case.

Q2. In the Golak Nath Case (1967), the Supreme Court held that:

Correct Answer: B. In the Golak Nath Case (1967), the Supreme Court held that Fundamental Rights are given a 'transcendental and immutable' position, and hence, Parliament cannot abridge or take away any of these rights.

Q3. Which amendment declared that Parliament has the power to abridge or take away Fundamental Rights under Article 368?

Correct Answer: B. The 24th Amendment Act (1971) declared that Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368.

Q4. In the Minerva Mills Case (1980), the Supreme Court held that:

Correct Answer: B. In the Minerva Mills Case (1980), the Supreme Court invalidated provisions of the 42nd CAA and ruled that Parliament cannot take away the power of 'judicial review' as it is a part of the 'Basic Structure'.

Q5. Which case declared the Rule of Law as a Basic Structure of the Constitution?

Correct Answer: C. In the Indra Sawhney Case (1992), the Supreme Court declared the Rule of Law as a Basic Structure of the Constitution.

Q6. Which case is also known as the Defection Case?

Correct Answer: B. The Kihoto Hollohan Case (1993) is also known as the Defection Case. It added free and fair elections and sovereign, Democratic, and Republican structures to the Basic Structure.

Q7. Which case declared Federalism, Secularism, and Democracy as the Basic Structure of the Constitution?

Correct Answer: D. In the S.R. Bommai Case (1994), the Supreme Court declared Federalism, Secularism, and Democracy as the Basic Structure of the Constitution.

Q8. The 42nd Amendment Act (1976) is also known as:

Correct Answer: C. The 42nd Amendment Act (1976) is also called the "Mini-constitution" for introducing wide-ranging constitutional changes.

Q9. In which case did the Supreme Court first hold that Parliament can amend any part of the Constitution including Fundamental Rights?

Correct Answer: B. In Shankari Prasad vs. Union of India (1951), the Supreme Court held that Parliament has the power to amend any part of the Constitution, including Fundamental Rights.

Q10. The Indra Sawhney Case (1992) is also known as:

Correct Answer: B. The Indra Sawhney Case (1992) is also known as the Mandal Case. It declared the Rule of Law as a Basic Structure of the Constitution.