Introduction
The Doctrine of Basic Structure is one of the most important judicial principles in Indian Constitutional Law. It was established by the Supreme Court of India in the Kesavananda Bharati Case (1973) to ensure that the fundamental values of the Constitution cannot be altered or destroyed by Parliament.
1. What is the Doctrine of Basic Structure?
🔹 The Basic Structure Doctrine states that Parliament can amend the Constitution (Article 368), but it cannot change its Basic Structure.
🔹 This means that while the Constitution is flexible, its fundamental principles must remain intact.
🔹 It ensures that India remains a democratic, secular, and just society.
2. Evolution of the Doctrine of Basic Structure
| Case Name | Year | Verdict |
|---|---|---|
| Shankari Prasad Case | 1951 | Parliament can amend any part of the Constitution, including Fundamental Rights. |
| Sajjan Singh Case | 1965 | Reaffirmed Shankari Prasad’s ruling – No restrictions on Parliament’s power. |
| Golaknath Case | 1967 | Parliament cannot amend Fundamental Rights. |
| Kesavananda Bharati Case | 1973 | Established the Basic Structure Doctrine – Parliament can amend, but cannot change the Basic Structure. |
| Indira Gandhi Case (1975) | 1975 | Struck down 39th Amendment using the Basic Structure Doctrine. |
| Minerva Mills Case | 1980 | Strengthened the Basic Structure Doctrine. |
| SR Bommai Case | 1994 | Declared Secularism as part of the Basic Structure. |
3. What are the Elements of the Basic Structure?
Although the Supreme Court has not officially defined the Basic Structure, various judgments have identified key elements:
✅ Supremacy of the Constitution
✅ Sovereign, Democratic, and Secular Nature of India
✅ Rule of Law
✅ Judicial Review
✅ Separation of Powers (Legislature, Executive, Judiciary)
✅ Fundamental Rights & Directive Principles (DPSP)
✅ Free and Fair Elections
✅ Independence of the Judiciary
✅ Unity and Integrity of the Nation
✅ Welfare State (Social & Economic Justice)
✅ Parliamentary System of Government
✅ Power of the Supreme Court under Article 32
These principles ensure that the core values of the Constitution remain unchanged even if amendments are made.
4. Important Supreme Court Judgments on the Basic Structure Doctrine
| Case Name | Year | Significance |
|---|---|---|
| Golaknath Case | 1967 | Ruled that Parliament cannot amend Fundamental Rights. |
| Kesavananda Bharati Case | 1973 | Established Basic Structure Doctrine. |
| Indira Gandhi Case | 1975 | Used Basic Structure Doctrine to strike down 39th Amendment. |
| Minerva Mills Case | 1980 | Strengthened Judicial Review and Limited Parliament’s power. |
| Waman Rao Case | 1981 | Applied Basic Structure Doctrine retrospectively. |
| SR Bommai Case | 1994 | Declared Secularism as part of the Basic Structure. |
| Kesavananda Bharati Case | 1973 | Established Basic Structure Doctrine. |
5. Important Articles Related to the Basic Structure Doctrine
| Article | Provision |
|---|---|
| Article 13 | Laws violating Fundamental Rights are unconstitutional. |
| Article 14 | Right to Equality. |
| Article 19 | Right to Freedom. |
| Article 21 | Right to Life and Personal Liberty. |
| Article 32 | Right to Constitutional Remedies. |
| Article 368 | Power of Parliament to amend the Constitution. |
6. MCQs on Doctrine of Basic Structure
1. Which case established the Basic Structure Doctrine?
a) Golaknath Case
b) Kesavananda Bharati Case
c) Minerva Mills Case
d) SR Bommai Case
✅ Answer: b) Kesavananda Bharati Case
2. What does the Basic Structure Doctrine state?
a) Parliament can change any part of the Constitution
b) Parliament cannot amend Fundamental Rights
c) Parliament can amend the Constitution but cannot change its Basic Structure
d) The Judiciary has no power to review amendments
✅ Answer: c) Parliament can amend the Constitution but cannot change its Basic Structure
3. Which article gives Parliament the power to amend the Constitution?
a) Article 13
b) Article 19
c) Article 32
d) Article 368
✅ Answer: d) Article 368
4. Which of the following is NOT a part of the Basic Structure Doctrine?
a) Supremacy of the Constitution
b) Fundamental Rights
c) Directive Principles of State Policy
d) Right to Property
✅ Answer: d) Right to Property
5. In which case did the Supreme Court strike down the 39th Amendment using the Basic Structure Doctrine?
a) Indira Gandhi Case (1975)
b) Waman Rao Case (1981)
c) Golaknath Case (1967)
d) Minerva Mills Case (1980)
✅ Answer: a) Indira Gandhi Case (1975)
6. Which case ruled that Parliament cannot amend Fundamental Rights?
a) Golaknath Case (1967)
b) Kesavananda Bharati Case (1973)
c) SR Bommai Case (1994)
d) Maneka Gandhi Case (1978)
✅ Answer: a) Golaknath Case (1967)
7. Which case declared secularism as part of the Basic Structure?
a) Minerva Mills Case
b) SR Bommai Case
c) Kesavananda Bharati Case
d) Waman Rao Case
✅ Answer: b) SR Bommai Case
8. What is the main purpose of the Basic Structure Doctrine?
a) To make amendments easier
b) To protect the core values of the Constitution
c) To increase Parliamentary power
d) To remove Judicial Review
✅ Answer: b) To protect the core values of the Constitution
7. Conclusion
The Doctrine of Basic Structure is a powerful safeguard that ensures the fundamental principles of the Indian Constitution remain protected. It limits Parliament’s power to amend the Constitution, preventing any authoritarian rule.
For competitive exams, understanding the history, key cases, and impact of this doctrine is essential. Stay updated with recent amendments and judicial interpretations to strengthen your preparation! ✅📚
🚀 Want more? Drop your queries in the comments below! 👇