The basic structure of Indian constitution or doctrine applies during the time of amendments in constitution of India. These basic structure state that the government of India can't touch or destroy. The basic features of constitution, which are:
- Supremacy Of The Constitution
- Republican And Democratic From Of Govt.
- Secular Character Of Constitution
- Separation Of Power
- Federal Character Of Constitution
- Unity And Sovereignty Of India
- Individual Freedom
- Welfare Of State
- Article 32 And 226
- Rule Of Law
- The Balance B/T Fundamental Rights And DPSP
- The Principal Of Free And Fair Election
Evolution Of Basic Structure
The word Basic Structure is not mentioned in the COI. This concept of constitution arrived in front of us due to the protect of- the individuals right and the ideals and the philosophy of COI. The constitution provide power to the parliament and the state legislature both to make law within their respective jurisdiction, and in the matter of amend, bills are only introduce in the parliament but this is not a absolute power. Here if any such law or laws are inconsistence with COI made by parliament Apex court has the right & power to declare such law or laws as null and void.
The First Constitution Amendment Act, 1951 was challenged in the Shankari Prasad vs. Union of India[1] case. The amendment was challenged on the ground that it violates the Part-III of the constitution and therefore, should be considered invalid. The Supreme Court held that the Parliament, under Article 368, has the power to amend any part of the constitution including fundamental rights and Article.368. The Court gave the same ruling in Sajjan Singh Vs State of Rajasthan[2] case in 1965. the Constitution has "basic features" was first theorized in 1964, by Justice J.R. Mudholkar
He wrote:
“It is also a matter for consideration whether making a change in a basic feature of the Constitution can be regarded merely as an amendment or would it be, in effect, rewriting a part of the Constitution; and if the latter, would it be within the purview of Article 368?”
In Golak Nath case [3] ,
SC overpass the previous decision and issued a order that parliament has no absolute power to amend the part III as the fundamental rights are transcendental and immutable. According to Art.368 parliament has no power to amend any part of constitution they can only change the proviso as per required.
In the year 1971, the parliament passed the 24th Constitutional Amend Act and the parliament again achieve their absolute power for amend the Constitution include fundamental rights also. It also made this obligatory for president to give his assent on bills passed by parliament.
In Kesavananda Bharti case,[4]
SC hold the previous validity of 24th amendment act and stated that parliament has the power to amend any provision only but the basic structure and fundamental rights should remain maintained, it is beyond the parliament amending power. But the Apex Court didn’t clear the definition of basic structure. They stated the “The Basic Structure of Constitution could not be abrogated even by a constitutional amendment.”
Indira Gandhi v/s Raj Narain case,[5]
in this case SC reaffirmed and applied the Basic Structure Doctrine and struck down the clause (4) of art. 329-A, which was added in 39th amendment on the ground that it was beyond the parliament amend power & it destroy the Basic FEATURE. This 39th Amendment Act was passed during the The Emergency 1975.
Minerva Mills case,[6]
SC judgment reviled 2 change made to constitution by the 42nd Amendment. SC clear that Parliament is not supreme instead of Constitution. SC added 2 more features in the list of BF. 1.
Judicial Review
Balance between Fundamental Rights & DPSP.
Judge reviled the limited amending power it self a basic feature.
End-Notes:
- Shankari Prasad vs. Union of India, AIR1951 SC 455
- Sajjan Singh V. State of Rajasthan AIR 1965 SC 845.
- Golak Nath V. State of Punjab AIR 1967 SC 1643,1967 SCR (2) 762.
- Kesavananda Bharti V. State of Kerala AIR1973 SC 225.
- Indira Gandhi V. Raj Narain AIR 1975 SC 865, 1975 SCR (3) 333
- Minerva Mills V. Union of India AIR1980 SC 1789.
