Basic Structure doctrine: The guardian of the unalterable core of the Indian Constitution

Published On: 22nd August, 2024

Authored By: Inayat Ahmed

Abstract:

The Indian Constitution is the foundation of the legal frameworks in India. Every Law, Act, and Rule shall be within the principles of the Constitution and not in violation of it. It lays down the powers, limitations, rights, and restrictions conferred upon every citizen and the government. It is a book of guidance for the country to function smoothly while upholding India’s integrity. One of the most important aspects of the Constitution that protects its core features irrespective of amendments is the Basic Structure. In this article, we will discuss various aspects of the doctrine of basic structure. It is very interesting that though the doctrine is not present in the Constitution text, it still protects the Constitution from being exploited. We will look at how the doctrine highlights the core features and character of the Constitution and enhances the importance of Judiciary, Judicial review, and Judicial Interpretations. Also, we will look at some of the landmark judgments that gave rise to the doctrine of Basic Structure.

Introduction:

The Indian Constitution is the center and base of every law in India. Every Act, rule, order, and law shall be in compliance and not contrary to any of the Articles mentioned in the Indian Constitution. It lays down the rules for the governance of the country. The Constitution lays down the powers, rules, rights, exceptions, and limits conferred to every citizen of India. It grants powers to the state and the sovereign and, at the same time, explains the limitations as well. The Constitution grants Fundamental rights to every citizen of India and also lays down reasonable restrictions on their rights. For example, the Constitution grants ‘Freedom of Speech’ but also provides for reasonable restrictions. Over the years, since its introduction, the Constitution has been amended many times. However, there are certain provisions/parts of the constitution that cannot be amended. These parts are regarded as the heart of the Constitution, ‘The Basic Structure.’ This basic structure protects the most important aspects and framework of the Indian Constitution.

Meaning of Basic Structure:

The Doctrine of Basic Structure has not been stated in the Indian Constitution but has been defined via Judicial interpretation on a number of occasions. This doctrine safeguards the framework of the Indian Constitution. Article 368 of the Indian Constitution grants powers to the parliament to amend the constitution and lays down the procedures to be followed. However, the doctrine of basic structure restricts/limits the power of the parliament to change/alter the entire constitution. The doctrine states that though Article 368 grants powers to the parliament to make amendments to the constitution, there are certain parts of the constitution that are very important features and, therefore, cannot be altered or amended.

The Doctrine aims to protect the Indian Constitution’s core features and values and prevent any amendment that could harm its character.

Key Components of the Basic Structure:

The following are considered the most important elements of the Indian Constitution, which form part of the Basic Structure. Although the Constitution does not consist of any particular list, which is known as the Basic Structure, these features have been recognized as the basic structure through various judicial interpretations. Also, this list is not exhaustive; the following are only some of the most recognized features of the Basic Structure of the Indian Constitution:

The Supreme Law: The Constitution is regarded as the supreme law of the land, and any law that is contrary to the Constitution or any of its provisions shall be considered invalid.
Form of Government: The government shall always be republican and democratic, making it the people’s government.
Secular Character: The state shall remain neutral towards all religions and ensure equality before the law, irrespective of religious affiliations.
Separation of Powers: The Legislature, Executive, and Judiciary shall remain independent and carry out their respective functions and powers as conferred by the Constitution.
Federal Character: The Constitution’s federal character shall be maintained, i.e., the powers are distributed between the state and central governments, and they shall not be altered in a way that is prejudicial to the federal character of the Constitution.
Judicial Review: The judiciary has the power to review laws and executive actions to ensure compliance with the Constitution.
Rule of Law: The Law shall be equal for all the citizens of the country. No person, irrespective of their position, shall be given immunity or be treated above the law.
Fundamental Rights: Fundamental rights are an important feature of the Indian Constitution, guaranteed to every citizen of India.
Unity and Integrity of the Nation: Unity is one of India’s major strengths and features. And the Integrity of this nation shall be maintained at all times,
Parliamentary System: The powers, rules, procedures, etc, as laid down by the constitution, shall be adhered to at all times. Maintaining Parliamentary democracy is the responsibility of the executive.

Importance of the Basic Structure Doctrine

Indian courts have highlighted the importance of the Basic Structure Doctrine in various cases. This doctrine protects the Constitution and the people of this country from being exploited.

Prevention of Authoritarianism: The doctrine prevents the government from exploiting the Constitution and making amendments to the core features of the Indian Constitution. The democratic structure shall always be maintained.
Protection of Fundamental Rights: The doctrine prohibits any amendments to fundamental rights that can result in the exploitation of individuals’ liberty.
Stability: Though the Constitution has been amended many times over the years, the Basic Structure doctrine protects its core features to maintain its character. Stability shall be maintained at all times.
Powers of the Judiciary: The doctrine grants the judiciary powers to review the amendments to the Constitution. The Judiciary acts as a guardian of the Constitution.
Constitutionalism: The doctrine ensures that the Constitution is always regarded as the supreme law of the land. No political interest shall be treated above the Constitution or violate its provisions. The doctrine promotes the culture of constitutionalism and protects its core values.

Keshavananda Bharati Case

A landmark judgment that established the doctrine of Basic Structure. “Keshavananda Bharati Vs. Union Of India ((1973) 4 SCC 225; AIR 1973 SC 1461).” The case began when the Kerala government introduced land reforms in the 1950s and 1960s. In 1963, the Government of Kerala passed the bill and enacted the Kerala Land Reforms Act, which limited the amount of land that a person could hold. In 1970, the Kerala Government restricted the amount of land that can be held by religious institutions/organizations. This was challenged by Keshavananda Bharati, who was the head of Edner Mutt, a Hindu Religious institute in Kerala. Keshavananda Bharati alleged that the actions of the Kerala Government were unconstitutional. The Kerala High Court and later the Hon’ble Supreme Court decided the case in favor of the Kerala Government.

However, the Parliament, at the same time, passed the 24th, 25th, and 29th amendments in the Constitution, which limited the powers of the judiciary and judicial review and also increased the power of the Parliament to amend the Constitution and limit the Fundamental Rights of the Citizen. Keshavananda Bharati challenged these amendments in the Supreme Court as a violation of the Constitution and its character.

It was then that the landmark judgment was passed, which originated the doctrine of Basic Structure.

The significance of the Kesavananda Bharati case lies in the fact that it established the doctrine of the basic structure of the Indian Constitution. The basic structure doctrine holds that certain fundamental features of the Constitution, such as the supremacy of the Constitution, the rule of law, and the independence of the judiciary, cannot be amended or abrogated by the Parliament through a constitutional amendment.^[1]

Therefore, the Hon’ble Supreme Court held that though the parliament has the right and power to amend the Constitution, they do not have the power to alter/amend the fundamental features of it, which form part of the core character of the Constitution.

This Judgment became a landmark case in the history of the Indian Judiciary and led to many other judgments and interpretations. It highlighted the judiciary’s power to protect the Constitution.

Other Landmark Cases/Judgments

The following are some of the landmark judgments passed by the Indian Courts upholding the doctrine of Basic Structure.

Indira Nehru Gandhi Vs. Raj Narain (1976 2 SCR 347)

In this case, the Hon’ble Supreme Court held the 39th Constitutional Amendment invalid, which restricted the judiciary’s powers and judicial review. The amendment was passed to invalidate the judgment of the Allahabad High Court, which held Indira Gandhi’s election invalid in the 1971 General Elections. The amendment prevented the courts from reviewing the appointment and election of the president, vice president, and prime minister. The Supreme Court, while striking down the 39th amendment, stated that judicial review is one of the fundamental features of the judiciary as laid down by the Constitution and is a feature of the Basic Structure, therefore cannot be altered/amended.

2. Minerva Mills Vs. Union Of India (1980 AIR 1789, 1981 SCR (1) 206)

This case revolves around the 42nd Amendment to the Constitution, also known as the ‘Mini-Constitution.’ The said amendment brought so many changes to the Constitution, including those that were held valid, such as the addition of ‘Fundamental duties of the Citizens’ and the inclusion of the words ‘secular,’ ‘socialist,’ and ‘integrity’ to the preamble of the Constitution.

In the said case, Minerva Mills was a textile company in Bangalore. In 1970, the Central Government constituted a committee to investigate and submit a report on the substantial decrease in production at Minerva Mills. The report was submitted by the committee in 1971. The Central Government ordered the National Textiles Corporation Limited to take over the management of Minerva Mills. At the same time, the 42nd Amendment was passed by the parliament, which, along with the amendments brought as mentioned above, made amendments to Articles 31C and 368 of the Constitution.

Amended Article 31C read as:

No law giving effect to the policy of the State towards securing (all or any principles laid down in Part (IV) shall be deemed to void on the ground that it is inconsistent or abridges any right which is conferred under Article 14 or Article 19; no law containing the declaration that it giving effect to such policy shall be called in the question in the in any court on the ground that it does not give effect to such policy.

Amended Article 368 of the Indian Constitution there was an insertion of clauses (4) and (5) read as:

(4) No amendment of this Constitution, including the provisions of part III made or purporting to have been made under this article, whether before or after Section 55 of the Constitution, shall be called into question in any court on any ground.

(5) For removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of parliament to amend by addition variation or repeal the provision of the Constitution under this article.^[2]

The Hon’ble Supreme Court held that the power of the Parliament to amend the Constitution was not unlimited and that the basic structure cannot be altered/amended. Also, the restrictions on judicial review were completely struck down. It was further held that in a conflict between the Fundamental Rights and the Directive Principles, the Fundamental Rights would prevail.

Recent case

The National Judicial Appointments Commission (NJAC) Case is one of the most recent cases that once again highlighted and upheld the importance of the Basic Structure Doctrine. In the said case, the 99th Amendment of the Constitution was passed, which introduced a new system/procedure for the appointment of judges. Initially, the proposed structure of the NJAC was the Chief Justice of India and 4 other senior judges of the Supreme Court. However, it was later changed to Chief Justice of India, two senior judges of the Supreme Court, the Union Minister of Law and Justice, and two other prominent persons. This was challenged by many from across the country. The validity and constitutionality of the said amendment and the Act were in question. The Supreme Court held that the Act was in violation of the Basic Structure doctrine and the powers of the judiciary. It was held that the Judiciary had independent power to appoint judges, and the inclusion of the executive in the selection was a violation of the Constitution.

Criticism of the doctrine

The Doctrine of Basic Structure has been criticized many times on the grounds that it is not part of the Constitution. The Doctrine is nowhere mentioned in the Constitution, and it is only an imaginary doctrine/rule.

Conclusion

The Doctrine of Basic Structure protects the Constitution’s fundamental character. It prevents amendments from exploiting the Constitution and upholds it as the Supreme Law of the Land. The Doctrine remains an important aspect for the judiciary to thrive and rule independently, without which the country could move into dictatorship rather than being a people’s republic. This doctrine protects the fundamental rights of the citizens and reminds us that this is a people’s country, a democratic country.