Question

Elements of the basic structure of constitution by supreme court

Answer 1

The basic structure doctrine is an Indian judicial principle that the constitution of India has certain basic features that cannot be altered of destroyed through amendment by the parliament.........


in 1967 the Supreme Court reversed it's earlier decisions in golaknath v. state of Punjab......


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Answer 2

In the 1973 Kesavananda Bharati vs. State of Kerala case, the Supreme Court of India adjudicated that the legislature of India can amend the constitution of India but cannot destroy or emasculate the basic elements or the fundamental features of the constitution.

Article 368 of the constitution of India provides for the constituent powers of the Parliament, and lays down the procedure for amendment of the constitution. As opined by the Supreme Court, the following features seem to emerge as the 'basic structure', so as to be immune from the amending power of the Parliament under Article 368:

Supremacy of the Constitution;

Republic and democratic form of government;

Secular character of the Constitution and State;

Sovereignty of India;

Judicial review and jurisdiction of courts under Article 32 and Article 226.

Separation of powers and independent judiciary

Right to Equality and Rule of Law