Doctrine of Basic Structure
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Tap For Tech August 7, 2023
The doctrine of Basic Structure was propounded by the Indian Judiciary on 24th April 1973
in the Keshavananda Bharati case. To put a limitation on the amending powers of the
Parliament so that the ‘Basic Structure of the Constitution’ cannot be amended in the
exercise of its ‘constituent power’ under Article 368 of the Indian constitution.
The judiciary deems certain features of the Indian constitution beyond the scope of
parliamentary amending powers.
The constitution doesn’t mention the term “Basic Structure,” but it was first
acknowledged in the 1973 Kesavananda Bharati case.
Evolution of Basic Structure of Doctrine
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Case Relevance
A.K. Gopalan SC contented that there was no violation of Fundamental
Case (1950) Rights enshrined in Articles 13, 19, 21 and 22 under the provisions of the
Preventive Detention Act, if the detention was as per the procedure
established by law. Here, the SC took a narrow view of Article 21.
Shankari This case dealt with the amendability of Fundamental Rights (the First
Prasad Case Amendment’s validity was challenged). The SC contended that the
(1951) Parliament’s power to amend under Article 368 also includes the power to
amend the Fundamental Rights guaranteed in Part III of the Constitution.
Berubari This case was regarding the Parliament’s power to transfer the territory of
Union case Berubai to Pakistan. The Supreme Court examined Article 3 in detail. 9th
(1960) Amendment Act was passed to enforce the agreement.
Golaknath SC contented that Fundamental Rights are not amenable to the
case (1967) Parliamentary restriction as stated in Article 13. Also stated that Article
368 gives the procedure to amend the Constitution but does not confer
on Parliament the power to amend the Constitution.
Kesavananda This judgement defined the basic structure of the Constitution. The SC
Bharati held that although no part of the Constitution, including Fundamental
case (1973) Rights, was beyond the Parliament’s amending power, the “basic
structure of the Constitution could not be abrogated even by a
constitutional amendment.”
Maneka The SC held that right to go abroad is included in the Right to Personal
Gandhi Liberty. The SC also ruled that the mere existence of an enabling law was
case (1978) not enough to restrain personal liberty.
Indra SC examined the scope and extent of Article 16(4), and upheld the
Sawhney and constitutional validity of 27% reservation for the OBCs with certain
Union of conditions (like creamy layer exclusion, no reservation in promotion, total
India (1992) reserved quota should not exceed 50%, etc.)
Minerva Mills The judgement struck down 2 changes made to the Constitution by the
case (1980) 42nd Amendment Act 1976, declaring them to be violative of the basic
structure.
Shah Bano Milestone case for Muslim women’s fight for rights. The SC upheld the
Begum case right to alimony for a Muslim woman and said that the Code of Criminal
(1985) Procedure, 1973 is applicable to all citizens irrespective of their religion.
S. R. Bommai In this judgement, the SC tried to curb the blatant misuse of Article
case (1994) 356 (regarding the imposition of President’s Rule on states).
Vishaka and This case dealt with sexual harassment at the workplace.
State of
Rajasthan
(1997)
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Lily Thomas Here, the SC held that the second marriage of a Hindu man without
v Union of divorcing the first wife, even if the man had converted to Islam, is void
India (2000) unless the first marriage had been dissolved according to the Hindu
Marriage Act.
I.R Coelho This judgement held that if a law is included in the 9th Schedule of the
and State of Indian Constitution, it can still be examined and confronted in court.
Tamil Nadu
2007
Aruna The SC ruled that individuals had a right to die with dignity, allowing
Shanbaug passive euthanasia with guidelines.
Case (2011)
NOTA This judgement introduced the NOTA (None-Of-The-Above) option for
judgement Indian voters.
(2013)
Triple Talaq The SC outlawed the backward practice of instant ‘triple talaq’, which
Judgement permitted Muslim men to unilaterally end their marriages by uttering the
(2016) word “talaq” three times without making any provision for maintenance or
alimony.
Right To The SC declared the right to privacy as a Fundamental Right protected
Privacy under the Indian Constitution.
(2017)
Conclusion
The judicial principle of the basic structure doctrine is linked to the Indian constitution. It
holds the basic structure of the Indian Constitution and ensures that the parliament cannot
amend its basic features. Several petitions brought this doctrine into the limelight. One of the
most critical petitions is the Kesavananda Bharati case. The case’s judgment established
our constitution’s basic structure doctrine, evolving through Supreme Court judgments.
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