Doctrine of Basic Structure

(Under Constitutional Law of India)

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🔷 What is the Doctrine of Basic Structure?

• The Doctrine of Basic Structure means that some fundamental features of the Indian Constitution cannot be changed or destroyed, even by the Parliament through an amendment.

• This doctrine was developed by the Supreme Court to protect the core values of the Constitution such as:

  • Democracy

  • Rule of Law

  • Separation of Powers

  • Fundamental Rights

  • Judicial Review

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🔷 Why Was This Doctrine Needed?

• Parliament has the power to amend the Constitution under Article 368.

• But sometimes, this power was misused to change even the essential features of the Constitution.

• So the Supreme Court created this doctrine to prevent the misuse and to protect the soul of the Constitution.

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🔷 Important Case: Kesavananda Bharati Case (1973)

• This is the most important and historic judgment in Indian Constitutional Law.

⚖️ Case Name:

Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461

⚖️ Facts:

• Swami Kesavananda challenged land reform laws passed by Kerala which affected his religious property.

⚖️ Issue:

• Can Parliament amend any part of the Constitution including Fundamental Rights?

⚖️ Decision (13 Judges Bench):

• Parliament can amend the Constitution but cannot destroy or damage its basic structure.

• This judgment created the Basic Structure Doctrine.

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🔷 What are the Basic Features of the Constitution?

The Supreme Court did not give a fixed list, but over time, the following have been considered part of the Basic Structure:

1. Supremacy of the Constitution

2. Rule of Law

3. Sovereign, Democratic, and Republic nature of India

4. Separation of Powers (Legislature, Executive, Judiciary)

5. Judicial Review

6. Fundamental Rights

7. Free and Fair Elections

8. Independence of Judiciary

9. Secularism

10. Unity and Integrity of the Nation

11. Federalism

📌 Note: Parliament can amend laws but cannot touch or destroy these features.

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🔷 Importance of the Doctrine

🔹 1. Limits Parliament’s Power

• Prevents misuse of power to change the soul of the Constitution.

🔹 2. Protects Democracy

• Ensures that India remains a democratic country forever.

🔹 3. Guards Fundamental Rights

• Parliament cannot take away citizens’ rights under Article 14, 19, 21, etc.

🔹 4. Promotes Constitutional Stability

• Constitution remains strong, balanced, and respected over time.

🔹 5. Judiciary as Guardian

• Courts have the final power to decide whether an amendment violates basic structure.

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🔷 Other Important Cases

🔸 1. Indira Gandhi v. Raj Narain (1975)

• Struck down a law that tried to remove judicial review of elections.

• Held free and fair elections are part of the basic structure.

🔸 2. Minerva Mills v. Union of India (1980)

• Limited Parliament’s power to amend Constitution beyond basic structure.

• Reaffirmed the importance of judicial review and Fundamental Rights.

🔸 3. L. Chandra Kumar v. Union of India (1997)

• Judicial review of laws by High Courts and Supreme Court is a basic feature.

🔸 4. I.R. Coelho v. State of Tamil Nadu (2007)

• Even laws placed under the 9th Schedule of Constitution after 1973 can be reviewed by the court if they violate basic structure.

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🔷 Real-Life Importance

• Prevented governments from becoming dictatorial.

• Ensured India always remains a secular, democratic, and free nation.

• Protected citizens' rights even during Emergency periods.

• Helped in maintaining balance between all constitutional organs.

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🔷 Conclusion

• The Doctrine of Basic Structure is a backbone of Indian Constitutional Law.

• It is not written directly in the Constitution but was created by the Supreme Court.

• It ensures that no matter who is in power, the core values of the Constitution will always be safe.

• This doctrine makes sure that India remains governed by law, not by the will of the rulers.