Basic Structure of Indian Constitution

Basic Structure

The Basic Structure Doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Key among these “basic features”, are the Fundamental Rights granted to individuals by the constitution. The doctrine thus forms the basis of a limited power of the Indian Supreme Court to review and strike down constitutional amendments enacted by the parliament which conflict with or seek to alter this “basic structure” of the constitution.

In 1965, The “basic features” principle was first expounded by Justice J.R. Mudholkar in his dissent in the case of Sajjan Singh v. State of Rajasthan.

In 1973, the basic structure doctrine triumphed in Justice Hans Raj Khanna’s judgment in the landmark decision of Kesavananda Bharati v. State of Kerala. Previously, The Supreme Court had held that the power of parliament to amend the constitution was unfettered. However, in this landmark ruling, the court adjudicated that while parliament has “wide” powers, it did not have the power to destroy or emasculate the basic Elements or fundamental features of the constitution.

In 1975, Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian Democracy.

In 1980, The Constitution (Forty-Second Amendment) Act had been enacted by the government of Indira Gandhi in response to the Kesavananda judgment in an effort to reduce the power of the Judicial Review of constitutional amendments by the Supreme Court. In the Minerva Mills case, Nani Palkhivala successfully moved the Supreme Court to declare sections 4 & 55 of the 42nd amendment as unconstitutional. Chief Justice Yeshwant Vishnu Chandrachud explained in the Minerva Mills judgment that since the power of Parliament to amend the constitution was limited, as had been previously held through the basic structure doctrine in the Kesavananda case, the parliament could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). In addition, the court also ruled that the parliament’s “power to amend is not a power to destroy”.

The basic structure doctrine applies only to constitutional amendments. It does not apply to ordinary acts of parliament, which must itself be in conformity with the constitution.

In Kesavananda there were differing opinions even among the majority for what the “basic structure” of the constitution comprised.

Chief Justice Sikri, writing for the majority, indicated that the basic structure consists of the following:

• The Supremacy of the Constitution.
• A republican and democratic form of government.
• The secular character of the Constitution.
• Maintenance of the Separation of Powers.
• The federal character of the Constitution.

Justices Shelat and Grover in their opinion added three features to the Chief Justice’s list:

• The mandate to build a welfare state contained in the Directive Principles of State Policy.
• Maintenance of the unity and Integrity of India.
• The Sovereignty of the country.

Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:

• The sovereignty of India.
• The democratic character of the Polity.
• The unity of the country.
• Essential features of individual freedoms.
• The mandate to build a welfare state.

Justice Jaganmohan Reddy preferred to look at The Preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:

• A sovereign democratic republic.
• The provision of social, economic and political justice.
• Liberty of thought, expression, belief, faith and worship.
• Equality of status and opportunity.

The interpretation of the basic structure has since evolved in numerous other court rulings since the Kesavananda judgment.

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The Indian Constitution is the supreme law of India. It was adopted on 26 November 1949, and came into effect on 26 January 1950. The Constitution provides for a parliamentary System of Government, with a President as the head of state and a Prime Minister as the head of government. The Constitution also guarantees certain fundamental rights to all citizens, including the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Indian Constitution is a very complex document, and it is difficult to do justice to it in a short ARTICLE. However, I will try to give a brief overview of the main features of the Constitution.

The Constitution begins with a preamble, which sets out the basic principles of the Indian state. The preamble states that India is a sovereign, socialist, secular, democratic republic. It also states that India is committed to justice, liberty, equality, and Fraternity.

The Constitution then goes on to describe the structure of the Indian government. The government is divided into three branches: the legislative, the executive, and the judicial. The legislative branch is responsible for making laws. The executive branch is responsible for carrying out the laws. The judicial branch is responsible for interpreting the laws.

The Constitution also guarantees certain fundamental rights to all citizens. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Constitution also contains a number of directive principles of state policy. These principles are not enforceable in court, but they are supposed to be followed by the government in making laws and policies. The directive principles include the promotion of social justice, Economic Development, and the protection of the Environment.

The Constitution also contains a number of Emergency Provisions. These provisions allow the government to take special powers in times of crisis. The emergency provisions include the power to suspend fundamental rights, the power to declare a state of emergency, and the power to impose President’s rule in a state.

The Constitution can be amended by a Simple Majority of the members of both houses of Parliament. However, certain amendments require the approval of the states as well.

The Indian Constitution is a living document. It has been amended a number of times since it was adopted in 1949. The amendments have been made to reflect the changing needs of the country.

The Indian Constitution is a remarkable document. It has helped to create a stable and democratic country out of a diverse and complex Society. The Constitution has also been a source of inspiration for other countries around the world.

Here are some frequently asked questions and short answers about the Indian Constitution:

1. What is the Indian Constitution?
   The Indian Constitution is the supreme law of India. It was adopted on 26 November 1949 and came into effect on 26 January 1950. The Constitution provides for a parliamentary system of government with a President as the head of state and a Prime Minister as the head of government.

2. What are the features of the Indian Constitution?
   The Indian Constitution is a federal constitution. It divides power between the central government and the state governments. The Constitution also provides for a number of fundamental rights, including the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

3. What are the basic features of the Indian Constitution?
   The basic features of the Indian Constitution are those features that are essential to the identity and integrity of the Indian nation. These features include the sovereignty of India, the unity and integrity of India, the secular character of the Indian state, the democratic character of the Indian state, and the federal character of the Indian state.

4. What are the amendments to the Indian Constitution?
   The Indian Constitution has been amended 104 times since it was adopted in 1949. The most recent amendment was the 104th Amendment, which was passed in 2019.

5. What are the challenges facing the Indian Constitution?
   The Indian Constitution faces a number of challenges, including the rise of religious fundamentalism, the threat of terrorism, and the problem of Corruption. These challenges threaten the unity and integrity of India, and the Indian government is working to address them.

6. What is the future of the Indian Constitution?
   The future of the Indian Constitution is uncertain. The Indian government is working to address the challenges facing the Constitution, but it is unclear whether these challenges will be overcome. The future of the Indian Constitution will depend on the ability of the Indian government to address these challenges.

Sure. Here are some MCQs without mentioning the topic “Basic Structure of Indian Constitution”:

1. The Indian Constitution was adopted on:
   (a) 26 January 1950
   (b) 15 August 1947
   (c) 26 November 1949
   (d) 12 March 1950

2. The Indian Constitution is based on the principle of:
   (a) Federalism
   (b) Unitary government
   (c) Parliamentary democracy
   (d) Presidential democracy

3. The President of India is elected by:
   (a) The people of India
   (b) The members of the Lok Sabha
   (c) The members of the Rajya Sabha
   (d) The members of the Electoral College

4. The Prime Minister of India is appointed by:
   (a) The President of India
   (b) The Vice President of India
   (c) The Speaker of the Lok Sabha
   (d) The Chief Justice of India

5. The Supreme Court of India is the highest court in the country. It has:
   (a) One Chief Justice and 25 judges
   (b) One Chief Justice and 30 judges
   (c) One Chief Justice and 35 judges
   (d) One Chief Justice and 40 judges

6. The Indian Parliament consists of:
   (a) The Lok Sabha and the Rajya Sabha
   (b) The Lok Sabha and the Vidhan Sabha
   (c) The Rajya Sabha and the Vidhan Sabha
   (d) The Lok Sabha, the Rajya Sabha, and the Vidhan Sabha

7. The Union Council of Ministers is headed by the:
   (a) President of India
   (b) Prime Minister of India
   (c) Chief Justice of India
   (d) Speaker of the Lok Sabha

8. The Finance Commission is appointed by the:
   (a) President of India
   (b) Prime Minister of India
   (c) Chief Justice of India
   (d) Speaker of the Lok Sabha

9. The Election Commission is appointed by the:
   (a) President of India
   (b) Prime Minister of India
   (c) Chief Justice of India
   (d) Speaker of the Lok Sabha

10. The Comptroller and Auditor General of India is appointed by the:
    (a) President of India
    (b) Prime Minister of India
    (c) Chief Justice of India
    (d) Speaker of the Lok Sabha

I hope these MCQs are helpful. Please let me know if you have any other questions.