<–2/”>a >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 theKesavananda 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 Constitution also contains a number of directive principles of state policy, which are not enforceable in a court of law, but are nevertheless fundamental in the governance of the country. These principles include the promotion of social justice, the securing of economic justice, the protection of the Environment, and the promotion of international peace and security.
The Constitution also contains provisions relating to Citizenship-2/”>Citizenship, Parliament, the President, the Vice-President, the Council of Ministers, the Judiciary, the Comptroller and Auditor-General, Emergency Provisions, amendment of the Constitution, and miscellaneous provisions.
The Preamble to the Constitution states that India is a sovereign, socialist, secular, democratic republic. It also states that India is committed to justice, liberty, equality, and Fraternity.
The Fundamental Rights are guaranteed to all citizens of India. 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 Fundamental Duties are a set of obligations that are imposed on all citizens of India. These duties include the duty to abide by the Constitution and the laws of the country, the duty to respect the National Flag and the National Anthem, the duty to cherish and follow the ideals of the freedom struggle, the duty to uphold the sovereignty and integrity of India, the duty to defend the country, the duty to promote harmony and the spirit of common brotherhood amongst all the people of India, the duty to preserve and protect the environment, and the duty to develop scientific temper, humanism and the spirit of inquiry and reform.
The Directive Principles of State Policy are a set of principles that are intended to guide the government in its policy-making. These principles include the promotion of social justice, the securing of economic justice, the protection of the environment, and the promotion of international peace and security.
The Citizenship provisions of the Constitution deal with the acquisition and termination of citizenship of India. The Constitution also provides for dual citizenship.
The Parliament of India is the supreme legislative body of the country. It consists of the President and the two Houses of Parliament, the Lok Sabha (the House of the People) and the Rajya Sabha (the Council of States).
The President of India is the head of state of India. The President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the legislative assemblies of the states.
The Vice-President of India is the second highest constitutional office in India. The Vice-President is elected by an electoral college consisting of the members of both Houses of Parliament.
The Council of Ministers is the executive body of the government of India. The Council of Ministers is headed by the Prime Minister, who is appointed by the President. The other members of the Council of Ministers are also appointed by the President on the advice of the Prime Minister.
The Judiciary is the system of courts that interprets and enforces the laws of India. The Supreme Court of India is the highest court in the country. The Supreme Court is headed by the Chief Justice of India. There are 25 other judges in the Supreme Court.
The Comptroller and Auditor-General of India is the head of the Indian Audit and Accounts Department. The Comptroller and Auditor-General is appointed by the President. The Comptroller and Auditor-General is responsible for Auditing the accounts of the government of India and of the state governments.
The Emergency Provisions of the Constitution are designed to deal with situations of grave emergency. These provisions allow the government to suspend certain fundamental rights and to take other extraordinary measures.
The Amendment of the Constitution is a complex process. The Constitution can be amended by a bill passed by both Houses of Parliament with a two-thirds majority. The bill must then be ratified by the legislatures of at least half of the states.
The Miscellaneous Provisions of the Constitution deal with a variety of matters, including the Official Language of India, the national flag, the national anthem, and the capital of India.
Here are some frequently asked questions and short answers about the Indian Constitution:
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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 establishes the basic structure of the Indian government and defines the rights and duties of its citizens. -
Who wrote the Indian Constitution?
The Indian Constitution was drafted by a Constituent Assembly, which was set up in 1946. The Assembly was chaired by Dr. B.R. Ambedkar, who is also known as the “Father of the Indian Constitution”. -
What are the main features of the Indian Constitution?
The main features of the Indian Constitution include: - A parliamentary system of government
- A Secular State
- A socialist state
- A welfare state
- A republic
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A democratic state
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What are the fundamental rights guaranteed by the Indian Constitution?
The fundamental rights guaranteed by the Indian Constitution include: -
The right to equality
- The right to freedom
- The right against exploitation
- The right to freedom of religion
- Cultural and educational rights
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The right to constitutional remedies
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What are the directive principles of state policy?
The directive principles of state policy are a set of principles that the government of India is supposed to follow in its policymaking. These principles are not enforceable in court, but they are nevertheless considered to be fundamental to the governance of India. -
What is the Preamble to the Indian Constitution?
The Preamble to the Indian Constitution is a short introductory statement that sets out the basic values and objectives of the Constitution. It states that India is a sovereign, socialist, secular, democratic republic, and that it is committed to justice, liberty, equality, and fraternity. -
What is the Supreme Court of India?
The Supreme Court of India is the highest court in India. It is the final court of appeal in the country, and it has the power to strike down laws that it deems to be unconstitutional. -
What is the President of India?
The President of India is the head of state of India. He or she is elected by an electoral college consisting of members of both houses of Parliament and the legislative assemblies of the states. The President has the power to appoint the Prime Minister and other members of the Union Council of Ministers, to dissolve Parliament, and to veto laws passed by Parliament. -
What is the Prime Minister of India?
The Prime Minister of India is the head of government of India. He or she is appointed by the President and is responsible to the Lok Sabha, the lower house of Parliament. The Prime Minister has the power to choose the members of the Union Council of Ministers, to advise the President on matters of policy, and to preside over the meetings of the Cabinet. -
What is the Lok Sabha?
The Lok Sabha is the lower house of Parliament of India. It is directly elected by the people of India. The Lok Sabha has a maximum strength of 552 members, of which 543 are elected from single-member constituencies and 9 are nominated by the President. -
What is the Rajya Sabha?
The Rajya Sabha is the upper house of Parliament of India. It is indirectly elected by the members of the legislative assemblies of the states and the Union Territories. The Rajya Sabha has a maximum strength of 250 members, of whom 238 are elected by the members of the legislative assemblies of the states and the Union Territories and 12 are nominated by the President. -
What are the states and union territories of India?
India is a union of 28 states and 7 union territories. The states are: Andhra Pradesh, Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttar Pradesh, Uttarakhand, and West Bengal. The union territories are: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, Puducherry, and Ladakh. -
What is the national flag of India?
The national flag of India is a horizontal tricolor of saffron, white, and green, with the Ashoka Chakra in the center of the white band. The saffron color represents courage, sacrifice, and renunciation; the white color represents peace and purity; and the green color represents faith and fertility. The Ashoka Chakra is a 24-spoked wheel
Sure, here are some MCQs on the topics of the Indian Constitution:
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The Indian Constitution was adopted on:
(a) January 26, 1950
(b) August 15, 1947
(c) November 26, 1949
(d) December 16, 1949 -
The Indian Constitution is based on the principle of:
(a) Federalism
(b) Unitary government
(c) Parliamentary government
(d) Presidential government -
The President of India is elected by:
(a) The members of the Lok Sabha
(b) The members of the Rajya Sabha
(c) The members of the Lok Sabha and the Rajya Sabha
(d) The members of the Electoral College -
The Prime Minister of India is appointed by:
(a) The President of India
(b) The Speaker of the Lok Sabha
(c) The Chief Justice of India
(d) The Leader of the House in the Lok Sabha -
The Supreme Court of India is the highest court in the country. It has:
(a) One Chief Justice and 30 judges
(b) One Chief Justice and 25 judges
(c) One Chief Justice and 20 judges
(d) One Chief Justice and 15 judges -
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 -
The President of India can be removed from office by:
(a) The Lok Sabha
(b) The Rajya Sabha
(c) The Supreme Court
(d) The Parliament -
The Prime Minister of India can be removed from office by:
(a) The President of India
(b) The Lok Sabha
(c) The Rajya Sabha
(d) The Supreme Court -
The Indian Constitution guarantees the following fundamental rights to all citizens:
(a) Right to equality
(b) Right to freedom
(c) Right against exploitation
(d) All of the above -
The Indian Constitution also guarantees the following directive principles of state policy:
(a) To secure justice, social, economic, and political, to all citizens
(b) To promote the welfare of the people
(c) To secure and protect the rights of all minorities
(d) All of the above
I hope these MCQs were helpful. Please let me know if you have any other questions.