Basic Structure of Indian Constitution

GS II: Indian Constitution

• The basic structure of the Indian Constitution refers to the foundational principles and features that form the core and essence of the Constitution.
• These principles are considered sacrosanct and cannot be amended or altered by the Parliament of India, even through the formal amendment process.
• The concept of the basic structure was established by the Indian Supreme Court in a landmark case, Kesavananda Bharati v. State of Kerala (1973).

The doctrine of the basic structure ensures that certain fundamental principles and values of the Constitution remain inviolable and serve as the bedrock of India’s democratic and constitutional system. While the Constitution can be amended to address changing needs and circumstances, the Parliament cannot make amendments that violate or undermine the essential features of the Constitution.

The specific elements considered part of the basic structure have evolved over time through various judicial pronouncements.

Key elements recognized as part of the basic structure include

1. Supremacy of the Constitution: The principle that the Constitution is the supreme law of the land, and all authorities, including the Parliament and the government, are subject to its provisions.
2. Rule of Law: The doctrine that everyone, including the government, is subject to and equal before the law, and no one is above the law.
3. Separation of Powers: The distribution of powers among the three branches of government – the legislature, the executive, and the judiciary – to prevent concentration of power in a single authority.
4. Federalism: The division of powers and responsibilities between the central government and state governments, with each having its defined sphere of authority.
5. Judicial Review: The power of the judiciary to review the constitutionality of laws and executive actions and declare them invalid if they violate the Constitution.
6. Fundamental Rights: The basic rights guaranteed to citizens by the Constitution, protecting their individual liberties and freedoms.
7. Directive Principles of State Policy: The principles that guide the government in making laws and policies to promote social and economic justice.
8. Secularism: The principle of a secular state, where the state remains neutral in matters of religion and treats all religions equally.
9. Democracy: The system of government where power is vested in the people, and they elect their representatives through free and fair elections.
10. Unity and Integrity of the Nation: The commitment to preserving the unity and integrity of India as a sovereign, democratic, and secular country.

The concept of the basic structure provides a constitutional safeguard against any attempts to dilute or undermine the fundamental principles and values on which the Indian Constitution is built. It upholds the Constitution’s resilience and ensures its enduring character as a living document that evolves with the changing needs of the nation while retaining its core essence.