Indian Constitution

The Doctrine of Basic Structure, a defining feature of Indian judicial innovation, guarantees the preservation of the fundamental tenets of the Indian Constitution even when it is amended. The theory guarantees that the essence of the Constitution is preserved while managing the intricate relationship between change and continuity.

According to this theory, any modification that aims to change or eliminate the fundamental elements is invalid and unlawful. As a result, this doctrine ensures the stability, continuity, and adherence to fundamental constitutional ideals of the Constitution by acting as a barrier against arbitrary or drastic alterations.

Evolution of the Doctrine of Basic Structure:

• There is no explicit provision in the Constitution for the Doctrine of Basic Structure. It is actually a judicial doctrine that has developed as a result of several rulings made by the Supreme Court in situations involving the Parliament’s modifying authority.
• The question of how far the Parliament can modify the Constitution under Article 368 has been debated since 1951. This matter started a battle between the Judiciary and the Legislature that resulted in the development of the Basic Structure of the Constitution theory.
• 1951’s Shankari Prasad Case In this instance, the Supreme Court decided that Constitutional Amendment Acts are not included in the definition of “law” in Article 13; only regular legislation are. Therefore, by passing a Constitutional Amendment Act, Parliament is able to restrict or eliminate any of the Fundamental Rights.
• 1967’s Golak Nath Case In this instance, the Supreme Court overturned its previous position and ruled that Constitutional Amendment Acts are included in the definition of “law” under Article 13. Therefore, a Constitutional Amendment Act cannot be used by the Parliament to restrict or eliminate a Fundamental Right. Act of 1971, the 24th Constitutional Amendment The 24th Constitutional Amendment Act, 1971 was passed by the Parliament to change Article 13 and Article 368 in response to the ruling in the Golak Nath Case by the Supreme Court. It stated that any of the Fundamental Rights may be restricted or eliminated by the Parliament through a Constitutional Amendment Act in accordance with Article 368, and that an act of this kind shall not be regarded as a law for the purposes of Article 13.
• Case of Kesavananda Bharati, 1973 In this instance, the Supreme Court affirmed the constitutionality of the 24th Amendment Act and said that any of the Fundamental Rights may be restricted or eliminated by the Parliament. It did, however, establish a new doctrine known as the “Basic Structure of the Constitution,” which holds that Parliament cannot change the “basic structure” of the Constitution using its constituent power under Article 368. Following the announcement of this ruling, the general consensus is that a Fundamental Right that is a component of the Constitution’s “basic structure” cannot be removed or restricted by the Parliament.
• Act of 1976, the 42nd Constitutional Amendment The 42nd Constitutional Amendment Act, 1976 was passed by the Parliament in response to the new Doctrine of Basic Structure. It declared that the constituent power of Parliament is unrestricted, amending Article 368. As a result, no alteration may be contested in court on any basis, including a violation of the Fundamental Rights.
• Case of Minerva Mills, 1980 The Supreme Court ruled in this case that the aforementioned section of the 42nd Constitutional Amendment Act of 1976 was unconstitutional because it disregarded judicial review, which is considered a “basic feature” of the Constitution.
• Case of Waman Rao, 1981 In this instance, the Supreme Court upheld the Basic Structure Doctrine and made it clear that it would apply to all Constitutional Amendment Acts passed after April 24, 1973, the date of the Kesavananda Bharati Case Judgement. Current Status As a result, the Constitution’s Basic Structure is unaffected and the Parliament, acting under Article 368, is able to change any component of the document, including the Fundamental Rights.

Components of the Indian Constitution’s Basic Framework.

The following have come to light as the fundamental elements of the Constitution from the various rulings: The “basic structure” of the Constitution has not yet been determined by the Supreme Court. Through numerous rulings, the fundamental components of the organisation have continued to change.