Basic Structure Doctrine

Elaboration

Meaning: Parliament can amend the Constitution under Art 368, but it cannot alter or destroy its basic structure or framework. The doctrine ensures continuity of constitutional identity. The term "basic structure" is not mentioned in the Constitution.
Origin: Seeds in Justice Mudholkar's observation in Sajjan Singh (1965); German jurist Dietrich Conrad's lectures (1965) on implied limitations; formally laid down in Kesavananda Bharati v State of Kerala (24 April 1973).
Judicially recognised basic features (illustrative; not exhaustive):
- Supremacy of the Constitution; rule of law; judicial review (Arts 32, 226; L. Chandra Kumar, 1997 extended to HC/tribunals); separation of powers.
- Sovereign, democratic, republican structure; secularism; federalism; unity and integrity of the nation; parliamentary system.
- Free and fair elections; independence of the judiciary; effective access to justice; principle of equality.
- Harmony and balance between FRs and DPSP ( Minerva Mills); limited power of Parliament to amend; welfare state; freedom and dignity of the individual.
- Powers of the Supreme Court under Arts 32, 136, 141, 142.
Features not held basic (examples): Right to property, federal features such as Rajya Sabha representation (case-specific), ordinary legislation does not face the basic structure test (only constitutional amendments, though arbitrariness tests apply to laws).
Application of the doctrine:
- Indira Gandhi v Raj Narain (1975) struck down 39th Amendment.
- Minerva Mills (1980) struck down parts of 42nd Amendment (Art 368(4), (5)).
- Bommai (1994) tested President's Rule (secularism, federalism).
- I.R. Coelho (2007): post-1973 9th Schedule laws are open to review.
- Supreme Court Advocates-on-Record Association (2015): NJAC invalid.
- Janhit Abhiyan (2022): EWS quota (103rd Amendment) upheld 3:2; the minority held it breached equality (basic structure).
Significance: Guardian of democracy; check on majoritarianism. Criticism: judicial overreach; no fixed list, so uncertain; counter-majoritarian difficulty. Some countries (Bangladesh, Pakistan, Kenya, Belize) have referred to it.

Key points to remember

Kesavananda Bharati (1973): 13-judge bench, 7:6; CJ S.M. Sikri; lawyer Nani Palkhivala.
Doctrine applies to constitutional amendments; ordinary laws are tested under Part III.
Basic structure is not defined; features are identified case by case.
Dietrich Conrad and Mudholkar: intellectual precursors.

PYQ / MCQ

1. The basic structure doctrine was evolved in:

(a) Golaknath

(b) Kesavananda Bharati

(d) Shankari Prasad

Answer: (b)

2.Which of the following is NOT held to be a basic feature by the Supreme Court?

(a) Judicial review

(b) Secularism

(d) Federalism

Answer: (c)

3. The doctrine of basic structure limits the power of:

(a) Executive ordinances only

(b) Parliament to amend the Constitution

(d) President to pardon

Answer: (b)