Basic Structure

of Constitution
Updated as of SEP 2020

POLITY

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Basic Structure of
Constitution
There is no mention of basic structure in the constitution. It is a doctrine which is
evolved by the Supreme Court in a due course of time.

How things Started

Shankari Prasad Case, 1951
• In this case the constitutional validity of the 1st Constitutional amendment act, 1951
was challenged.
• By 1st Constitutional amendment act, 1951 the Fundamental rights was amended.
An Article 31-B was added.
• In this judgment Supreme Court ruled that Parliament has the power to amend the
Fundamental Rights under article 368 and the word ‘Law’ in article 13 denotes only
the ordinary law not the constitutional amendment acts.

Golaknath Case, 1967

• In this case the constitutional validity of the 7th constitutional amendment act, 1964
was challenged.
• In this judgment Supreme Court reversed its earlier judgment and held that the
fundamental rights have “transcendental and immutable” position and Parliament
can’t take away any Fundamental right.
• Supreme Court has also mentioned that the word Law in article 13 also include
constitutional amendment acts.
• In response to this Parliament has enacted 24th Constitutional amendment act,
1971. By this act Parliament amended Article 13 and 368 and declared that
parliament has power to abridge or takeaway any of the fundamental right under
article 368 and such an act will not be the law under article 13.

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Keshvanand Bharti Case, 1973

• This is the landmark judgment not only for the concept of basic structure but also for
the Indian democracy.
• In this Judgment Supreme Court has upheld the validity of the 24th constitutional
amendment act, 1971.
• Supreme Court has reversed its earlier judgment of Golaknath case.
• Supreme Court stated that Parliament has the power to amend any part of the
constitution but it can’t change its basic structure.

Other Important Cases related to Basic

Structure are:
• Indira Gandhi case, 1975
• Minerva Mills case, 1980
• Waman Rao case, 1981
• Indra Sawhney case, 1992
• Kihoto Hollohon case, 1993
• S.R. Bommai case, 1994
• I.R. Coelho case, 2007
• Madras bar association case, 2014

Q. What is the Doctrine of basic structure?

A. There is no particular definition of the basic structure but by various judgments,
Supreme Court has added following elements in the “basic structure”.
• Supremacy of the constitution
• Republican and democratic form of government
• Secular character of the constitution
• Federal character of the constitution
• Separation of power

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• Unity and Sovereignty of India

• Welfare State
• Judicial review
• Freedom and dignity of the individual
• Rule of law
• Parliamentary form of government
• Harmony and balance between fundamental rights and DPSPs.
• Limited power of parliament to amend the constitution
• Principle of equality
• Power of the supreme Court under articles 32, 136, 141 and 142
• Power of the high courts under article 226 and 227
• Free and fair election
• Effective access to justice
• Independent judiciary

Evolution of Basic Structure Doctrine

Year Case Elements added in the basic structure
• Republic and democratic form of government
• Secular character of the constitution
• Parliamentary system
• Sovereignty and unity of India
Kesasvanand
1973 • Federal character
Bharti case
• Supremacy of the constitution
• Separation of Power
• Mandate to build a welfare state
• Freedom and dignity of the Individual
• Judicial review
• India as a sovereign democratic republic
1975 Indira Gandhi case
• Rule of law
• Free and fair election

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Year Case Elements added in the basic structure

• Harmony and balance between fundamental rights and
DPSPs.
1980 Minerva Mills case
• Judicial review
• Limited power of parliament to amend the constitution
Central coal fields
1980 • Effective access to justice
ltd. Case

1981 Bhim singhji case • Socio-economic justice

Delhi Judicial
• Power of the supreme Court under articles 32, 136, 141
1991 service association
and 142
case

1992 Indra Swaney case • Rule of law

Kumar Padma
1992 • Independence of judiciary
Prasad case

Kihoto Hollohon • Free and fair election

1993
case • Sovereign, democratic, republican structure
Raghunath Rao
1993 • Principle of equality
case

• Federalism
• Secularism
1994 S.R. Bommai case • Democracy
• Social justice
• Unity and integrity of India
L. Chandra Kumar
1997 • Power of the high courts under article 226 and 227
case
All India Judge’s
2002 • Independent Judicial system
association case

2006 M. Nagraj case • Principle of equality

• Rule of law
2007 I.R. Coelho case • Separation of power
• Judicial review

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Year Case Elements added in the basic structure

Ram Jethmalani
2011 • Powers of supreme court under article 32
case

Namita Sharma
2013 • Freedom and dignity of the Individual
case

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