Basic structure doctrine ofvthe indian constitution
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The basic structure doctrine is anIndian judicial principle that theConstitution of India has certain basicfeatures that cannot be altered or destroyed through amendments by the parliament. ... The "basic features" principle was first expounded in 1964, by Justice J.R.
★❝The doctrine basic features❞★
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❶The Supreme Court of lndia enunciated the Doctrine of basic features of constitution in the Keshavananda Bharati Case.
❷The Supreme court held in the case of Keshavananda bharati that there are certain basic features of the Constitution of India, which can not be altered by an amendment under Art. 368.
❸Article 31C, introduced by 25th Amendment Act provided that if any law seeks to implement the directive principles contained in Art. 39(b)-(c) i.e. regarding socialistic control and distribution of the material resources of the country such law shall not be void on the ground of contravention of Art. 14 or 19. The Supreme Court later held that Art. 368 did notmempower the Parliament to take away judicial review, in the name of 'amending the Constitution.
❹The 42nd Amendment 1976 inserted two clauses in Art. 368 to the effect that Constitution Amendment Act "shall be called in Question in any court on any ground". These clauses were nullified by the Supreme Court in the Minerva Mills Case.
❺There are three implications of the decision in Keshavananda Bharati's Case.
⁕Any part of the Constitution may be amended as per the procedure laid down in Art. 368.
⁕No referendum or reference to Constituent Assembly is required to amend any provision of the Constitution.
⁕Basic features of the Constitution can not be amended.
❻There is no limited list of basic features. In so manymdecisions the Supreme Court has declared different things a basic features. Prominent among them are the following
⁕Supremacy of the Constitution.
⁕Rule of law.
⁕The principle of separation of powers.
⁕The objectives specified in the Preamble to the Constitution.
❼Judicial review; Art. 32.
❽Federalism.
⁕Secularism.
⁕The Sovereign, Democratic, Republican structure
❾Freedom and dignity of the individual.
❿Unity and integrity of the Nation.
⁕The Principle of equality, not every feature of equality, but the quintessence of equal justice.
⁕The 'essence' of fundamental rights in Part II.
⁕The concept of social and economic justice to build a Welfare State.
⁕The balance between fundamental rights and directive principles.
⁕The Parliamentary system of Government.
⁕The principle of free and fair elections.
⁕Limitations upon the amending power conferred by
Art. 368.
⁕Independence of the Judiciary
⁕Effective access to justice.
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