Basic Structure of the Constitution

The Debate: Can Fundamental Rights be Amended?

The story begins with a big constitutional question:
👉 Does Parliament have the power to amend Fundamental Rights under Article 368?

This question reached the Supreme Court multiple times, and the Court’s answers kept evolving.

1. Shankari Prasad Case (1951)

• Issue: Validity of the First Amendment Act, 1951, which curtailed the Right to Property.
• Supreme Court’s ruling:
  • Parliament can amend Fundamental Rights using Article 368.
  • Reason: The word “law” in Article 13 applies only to ordinary laws, not constitutional amendments.
  • So, amendment acts are valid even if they abridge Fundamental Rights.

2. Golak Nath Case (1967)

• Issue: Validity of the 17th Amendment Act, 1964, which placed certain state laws into the Ninth Schedule (to protect them from judicial review).
• Supreme Court’s ruling (reversing earlier stand):
  • Fundamental Rights are “transcendental and immutable.”
  • Parliament cannot amend them.
  • Constitutional amendment = “law” under Article 13 → hence subject to Fundamental Rights.
  • Any amendment that violates FRs would be void.

👉 In short: Fundamental Rights were made unchangeable.

3. Parliament’s Response → 24th Amendment (1971)

• Parliament disagreed with Golak Nath and amended Articles 13 and 368.
• Declared:
  1. Parliament has the power to amend any part of the Constitution, including FRs.
  2. Constitutional amendments are not laws under Article 13.

4. Kesavananda Bharati Case (1973) – The Turning Point

• Challenge: Validity of the 24th Amendment Act, 1971.
• Supreme Court’s ruling (largest bench: 13 judges):
  • Parliament can amend Fundamental Rights. ✅
  • But → Parliament cannot alter the “Basic Structure” of the Constitution. ❌

👉 This gave birth to the historic Basic Structure Doctrine.
It means:

• Parliament’s power is wide, but not unlimited.
• It cannot damage the core principles (basic structure) of the Constitution.

5. Indira Nehru Gandhi Case (1975)

• Issue: Validity of the 39th Amendment Act, 1975, which excluded the election of the Prime Minister and Speaker of Lok Sabha from judicial review.
• Supreme Court’s ruling:
  • Struck down this provision as it violated the basic structure (free and fair elections + judicial review).

6. Parliament’s Reaction → 42nd Amendment (1976)

• Parliament attempted to overrule the doctrine.
• Amended Article 368 to declare:
  • There is no limitation on Parliament’s amending power.
  • No amendment can be questioned in court on any ground.

7. Minerva Mills Case (1980)

• Challenge: Validity of the 42nd Amendment provisions.
• Supreme Court’s ruling:
  • Struck down these provisions.
  • Held: Judicial review and limited amending power are basic features.
  • Parliament cannot convert its limited power into unlimited power.
  • A “donee of limited power” cannot enlarge that power by itself.

8. Waman Rao Case (1981)

• Supreme Court reaffirmed Basic Structure Doctrine.
• Clarified: It applies to all amendments after April 24, 1973 (date of Kesavananda Bharati judgment).

9. L. Chandra Kumar v. Union of India (1997)

• Issue: Independence of the judiciary.
• Ruling: The Supreme Court held that independence of the judiciary is an integral part of the Basic Structure.
• Judicial review of legislative acts cannot be excluded.

10. IR Coelho v. State of Tamil Nadu (2007)

• Issue: Can laws placed in the Ninth Schedule escape judicial review?
• Ruling: No.
  • All laws (even in Ninth Schedule) are open to judicial review if they violate the Basic Structure.

11. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017 – Aadhaar Case)

• Issue: Is the Right to Privacy a Fundamental Right?
• Ruling: Yes.
  • The Right to Privacy is a Fundamental Right under Article 21.
  • It is part of the Basic Structure as it protects dignity, liberty, and autonomy of individuals.

The Present Position

• Parliament can amend any part of the Constitution, including Fundamental Rights.
• But → it cannot alter or destroy the Basic Structure.
• The Supreme Court has the final say in deciding what constitutes the basic structure.

Elements of the Basic Structure

Though the Court never gave a final exhaustive list, over the years, various judgments have identified the following as basic features:

1. Supremacy of the Constitution
2. Sovereign, democratic, republican nature of polity
3. Secular character
4. Separation of powers
5. Federal character
6. Unity and integrity of the nation
7. Welfare state (socio-economic justice)
8. Judicial review
9. Freedom and dignity of the individual
10. Parliamentary system
11. Rule of law
12. Harmony between Fundamental Rights and DPSPs
13. Principle of equality
14. Free and fair elections
15. Independence of judiciary
16. Limited power of Parliament to amend
17. Effective access to justice
18. Principles underlying Fundamental Rights
19. Powers of Supreme Court (Articles 32, 136, 141, 142)
20. Powers of High Courts (Articles 226, 227)

Analogy for Easy Understanding

Think of the Constitution as a tree 🌳:

• Parliament can prune the branches (make amendments).
• But it cannot cut the roots (basic structure).
• If the roots are damaged, the tree will collapse — that’s why the Supreme Court guards them.

👉 In summary:
The Basic Structure Doctrine is the safety valve of the Constitution. It balances Parliament’s power to amend with the need to preserve the soul of the Constitution. Without it, India’s democracy could be endangered by reckless amendments.