Legal Explainer: Doctrine of Basic Structure in the Indian Constitution

 Legal Explainer: Doctrine of Basic Structure in the Indian Constitution

The Doctrine of Basic Structure is a fundamental principle in Indian constitutional law, ensuring that certain essential features of the Constitution cannot be altered or destroyed by amendments. This doctrine was established in the Kesavananda Bharati v. State of Kerala (1973) case, where the Supreme Court ruled that while Parliament has the power to amend the Constitution under Article 368, it cannot alter its basic structure.

Key Features of the Doctrine

1. Supremacy of the Constitution – The Constitution is the supreme law, and no authority can override its core principles.
2. Sovereign, Democratic, and Republic Nature – These characteristics of India’s governance cannot be abolished.
3. Separation of Powers – The judiciary, executive, and legislature must function independently.
4. Judicial Review – The power of the courts to review laws and amendments remains intact.
5. Rule of Law – No individual or institution is above the law.
6. Fundamental Rights – Essential rights such as equality, liberty, and freedom cannot be taken away.
7. Federalism – The structure of governance with power distribution between the Centre and States must be maintained.

Significance of the Doctrine

• It acts as a check on parliamentary power, preventing arbitrary amendments that could damage democracy.
• Ensures continuity and stability in the constitutional framework.
• Protects citizens’ rights by preventing laws that could curtail fundamental freedoms.

The doctrine was reaffirmed in cases like Indira Gandhi v. Raj Narain (1975) and Minerva Mills v. Union of India (1980), reinforcing its role in preserving India’s constitutional integrity.

This principle continues to be a cornerstone in judicial decisions, safeguarding democracy and constitutional values in India.