What is the basic structure of Indian Constitution?

 The Basic Structure of the Indian Constitution is a judicial principle that ensures certain fundamental aspects of the Constitution cannot be altered or destroyed by amendments. This doctrine was established to maintain the supremacy and identity of the Constitution while allowing for necessary changes.

Evolution of the Basic Structure Doctrine

The concept of the Basic Structure Doctrine was developed through various Supreme Court judgments:

1. Shankari Prasad Case (1951)

The Supreme Court ruled that Parliament has the power to amend any part of the Constitution, including Fundamental Rights, under Article 368.

2. Sajjan Singh Case (1965)

The Court upheld the Parliament’s power to amend Fundamental Rights, but Justice Hidayatullah and Justice Mudholkar expressed concerns about unrestricted power.

3. Golaknath Case (1967)

The Supreme Court ruled that Parliament cannot amend Fundamental Rights, stating they are sacrosanct.

4. Kesavananda Bharati Case (1973) (Landmark Judgment)

The Supreme Court overturned the Golaknath judgment and held that Parliament can amend the Constitution, including Fundamental Rights, but it cannot alter its "Basic Structure".

This case established the Basic Structure Doctrine and limited Parliament’s power to prevent any amendment that would destroy its core principles.

5. Indira Gandhi Case (1975) & Minerva Mills Case (1980)

The doctrine was reaffirmed, and the Supreme Court struck down amendments that violated the Basic Structure.

It ruled that judicial review and balance between Fundamental Rights and Directive Principles are part of the Basic Structure.

Elements of the Basic Structure

Though the Supreme Court has not provided an exhaustive list, several key principles have been identified as part of the Basic Structure:

1. Supremacy of the Constitution – No law or amendment can override the Constitution.

2. Sovereign, Democratic, and Republic Nature of India – India must remain a sovereign, democratic republic.

3. Secular Character of the Constitution – The state must treat all religions equally.

4. Separation of Powers – There must be a clear division of power between the Executive, Legislature, and Judiciary.

5. Federal Character of the Constitution – The Union and States must retain their federal relationship.

6. Unity and Integrity of the Nation – No amendment can break India’s unity.

7. Parliamentary System of Government – The system of governance must remain parliamentary.

8. Judicial Review – The Judiciary must have the power to review laws and amendments.

9. Rule of Law – The law applies equally to all citizens.

10. Fundamental Rights & Freedoms – Rights like equality, liberty, and dignity must be preserved.

11. Free and Fair Elections – Democratic elections must be ensured.

12. Power of Judicial Review – The Judiciary must check the constitutionality of laws.

13. Welfare State & Directive Principles – The state must strive for social and economic justice.

Significance of the Basic Structure Doctrine

Prevents Authoritarian Rule – Ensures no government can destroy democracy.

Balances Amendment Powers – Allows Parliament to amend the Constitution while protecting its essence.

Strengthens Judicial Review – Gives the Supreme Court the authority to uphold constitutional principles.

Protects Fundamental Rights – Prevents any amendment that curtails individual freedoms.

Conclusion

The Basic Structure Doctrine acts as the "soul" of the Indian Constitution. It ensures stability while allowing evolution. It protects democracy, fundamental rights, and the core values of the Constitution from arbitrary changes. Through this doctrine, India maintains a balance between constitutional flexibility and its fundamental principle