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Basic Structure Doctrine | Article 368 | Judicial Review | Constitutional Supremacy

A must-read case for every law student.

The Indian Constitution, hailed as a living document, has evolved through judicial interpretation and legislative amendments. Among the many legal doctrines that have shaped its journey, the Basic Structure Doctrine stands out as a cornerstone in preserving constitutional supremacy, democratic values, and fundamental rights. Introduced in the landmark 1973 case of Kesavananda Bharati v. State of Kerala, the doctrine has since become a bulwark against arbitrary constitutional amendments and legislative overreach.

In this blog, we explore the origin, evolution, significance, criticism, and contemporary relevance of the Basic Structure Doctrine—and why it remains important in Indian constitutional law even in 2025.

The Genesis of the Basic Structure Doctrine

Before 1973, Parliament believed it had unrestricted power to amend any part of the Constitution under Article 368, including Fundamental Rights. This notion was contested in multiple cases, such as:

Shankari Prasad v. Union of India (1951)

Sajjan Singh v. State of Rajasthan (1965)

Golak Nath v. State of Punjab (1967)

The turning point came in Kesavananda Bharati v. State of Kerala (1973), where a 13-judge bench of the Supreme Court—still the largest ever—ruled by a narrow 7:6 majority that Parliament could amend any part of the Constitution, but not its “basic structure.”

Thus, the Basic Structure Doctrine was born—not defined with finality, but established with the understanding that certain core principles form the Constitution’s identity, which no authority can dismantle.

What Constitutes the Basic Structure?

The court did not provide an exhaustive list of what constitutes the basic structure, instead leaving it to be defined on a case-by-case basis. However, over the years, several features have been identified:

Supremacy of the Constitution

Sovereign, democratic, and republican nature of India

Separation of powers between the legislature, executive, and judiciary

Federalism

Secularism

Rule of law

Judicial review

Free and fair elections

Dignity of the individual

Unity and integrity of the nation

Parliament’s limited amending power

Independence of the judiciary

Balance between Fundamental Rights and Directive Principles of State Policy

These elements are not frozen in time; the doctrine is dynamic and evolves with judicial interpretation.

Role in Protecting the Constitution

The Basic Structure Doctrine is essentially a check against majoritarianism and arbitrary use of legislative power. It ensures that even a democratically elected Parliament cannot destroy the core values on which the Constitution stands. This doctrine makes Indian democracy resilient by:

Preventing Authoritarianism: It restrains the ruling government from making structural changes to the Constitution that would grant it excessive powers or weaken opposition.

Upholding Fundamental Rights: It ensures that rights like equality, liberty, and freedom of speech cannot be diluted by legislative action.

Ensuring Judicial Independence: It safeguards the role of courts as interpreters and protectors of the Constitution.

Maintaining Constitutional Morality: It preserves the spirit of constitutionalism by mandating respect for democratic values and constitutional limits.

Landmark Cases After Kesavananda Bharati

The doctrine has been revisited and reinforced in several important cases:

1. Indira Gandhi v. Raj Narain (1975)

The Supreme Court struck down Clause 4 of the 39th Amendment, which sought to immunize the Prime Minister’s election from judicial scrutiny. The court ruled that free and fair elections are part of the basic structure.

2. Minerva Mills v. Union of India (1980)

The court struck down parts of the 42nd Amendment, reinforcing that limited amending power and judicial review are integral to the Constitution. The judgment emphasised that Fundamental Rights and Directive Principles must be harmonised.

3. Waman Rao v. Union of India (1981)

The doctrine was applied to laws inserted into the Ninth Schedule post-Kesavananda Bharati, establishing that laws violating the basic structure could be struck down, even if shielded by Article 31-B.

4. I.R. Coelho v. State of Tamil Nadu (2007)

A constitutional bench held that any law, including those under the Ninth Schedule, must pass the basic structure test if it affects fundamental rights. This further strengthened judicial review.

Contemporary Relevance in 2025

As of 2025, the Basic Structure Doctrine remains not only relevant but increasingly vital in the face of evolving political dynamics, judicial assertiveness, and technological advancements influencing governance. Some key areas of relevance include:

1. Electoral Reforms and Democratic Integrity

The doctrine ensures that any electoral reform—whether by legislation or executive order—cannot compromise free and fair elections. This has become crucial with rising concerns over the use of money, media, and misinformation in campaigns.

2. Judicial Appointments and Collegium System

Debates around the National Judicial Appointments Commission (NJAC) and the supremacy of the Collegium system are intrinsically linked to judicial independence, a basic structural element. The NJAC was struck down in 2015 for violating this very principle.

3. Federalism and State Autonomy

Decisions around Article 370, Governor’s Rule, or central interventions in states are increasingly examined through the lens of federalism, a recognised element of the basic structure.

4. Right to Privacy and Digital Laws

New laws on data protection, digital surveillance, and AI governance must comply with the principles of individual dignity, liberty, and privacy, which are considered essential components of the basic structure.

Criticism of the Doctrine

Despite its wide acceptance, the doctrine is not without criticism:

Lack of Clarity: The absence of a fixed list of basic structure elements makes the doctrine vague and subjective.

Judicial Overreach: Critics argue that the doctrine grants unelected judges the power to override the will of the people, expressed through Parliament.

Democratic Dilemma: Some claim it undermines parliamentary sovereignty and popular mandate, which are pillars of a democratic system.

However, supporters argue that in a constitutional democracy like India, judicial review acts as a safety valve, preventing breakdowns in the democratic process.

The LexisNexis Advantage: Legal Research Made Simple

Understanding the Basic Structure Doctrine requires more than a casual reading—it demands a grasp of constitutional theory, precedent, and interpretative nuance. This is where LexisNexis becomes an essential resource. As a trusted name in legal publishing, LexisNexis offers:

Expert commentary on landmark judgments

Updated bare acts and digests

Access to journals, case law databases, and legal encyclopedias

Student-friendly editions for constitutional law

Whether you are a law student preparing for the judiciary, a practising lawyer handling constitutional matters, or a civil services aspirant, LexisNexis publications provide clarity, depth, and reliability.

Conclusion: A Doctrine for All Seasons

The Basic Structure Doctrine is more than just a legal innovation—it is a constitutional guardian. It ensures that India’s democratic ethos, constitutional morality, and individual rights remain protected regardless of which party is in power. As the Constitution adapts to new challenges—be it in technology, governance, or civil liberties—the doctrine remains a guiding star.

This article on 'The doctrine of basic structure under the Indian Constitution' was written by Ayushi Mukherjee, an intern at Legal Upanishad.

Introduction

To reside in any country, especially the one which has the longest written form of the Constitution, it is of utmost necessity for anyone to know the legislation prevalent in the country. This article tries to bring forth the origin of the doctrine of the basic concept in the Constitution of India. It further delves into discussing the several cases which are relevant to this basic concept and the Parliament’s restriction of power to amend these basic features which are essential to the very structure of the Constitution.

The Constitution of India

The Constitution of India, also known as the Bhāratīya Saṁvidhāna, is the codified form of the supreme law of India and it puts forth the framework for governance, duties of citizens, fundamental rights, and directive principles. It is the longest written constitution any nation has in the world. On 26th November 1949, the current Constitution was adopted by the Constituent Assembly of India and on 26 January 1950, by replacing the Government of India Act 1935, the Constitution of India became effective and subsequently, the Dominion of India became the Republic of India. The Indian Constitution in its preamble declares India as a “SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC and REPUBLIC” state that ensures its citizens’ justice, liberty, and equality and fosters the bonds of fraternity. By the Constitution of India, the Parliament and the State Legislatures within their jurisdiction, are allowed to make laws. The power to make any amendment to the Constitution lies solely in the hands of the Parliament with no involvement of the state legislative assemblies. The Parliament, however, cannot override the constitution as the Parliament’s power to make any changes in the Constitution is not absolute. Only the Supreme Court has such power that enables the court to declare any law void if they find it to be unconstitutional.

Defining the concept of Basic Structure

The doctrine of basic structure is a doctrine of the common law country which states that there are certain characteristics of the Constitution of a sovereign country that cannot be abrogated or destroyed by the country’s legislature. It is a measure up taken during the Emergency Period to ensure that the power to amend the Constitution is not abused or misused by the Parliament. It is one of the fundamental judicial principles and essential features that are connected with the Indian Constitution. The concept of the basic structure of the Constitution has evolved over a period of time and requires the example of various landmark judgments to explain it vividly.

The doctrine of Basic Structure under the Indian Constitution

As per the doctrine of basic structure of the Constitution of India, if any amendment made in the Constitution tries to alter the essential framework of the Constitution, then such an amendment is to be considered invalid. Although the term “Basic Structure” is not mentioned anywhere in the Constitution, whether a particular provision can be regarded as a "basic feature" or not is decided solely by the judges of the courts. In the 1973 case of Kesavananda Bharati v. the State of Kerala, the Apex court of India ruled that an amendment to the Constitution that seeks to modify the basic framework or structure of the Constitution will be declared invalid. It laid down some of the constitution’s basic structures which include: - Supremacy of the Constitution - Separation of power - Federal Character

The doctrine of basic structure under the Indian Constitution

Landmark Cases Relevant to the doctrine of Basic Structure

The cases relevant to the doctrine of basic structure of the Constitution of India are mentioned below: - Shankari Prasad Singh Deo vs Union of India (1951)  The Supreme Court of India, in this case, held that the power to make amendments to the Constitution which are inclusive of the Fundamental rights is granted under Article 368 of the Indian Constitution. - Sajjan Singh vs State of Rajasthan (1965) The Supreme Court of India, in this case, dealt with the validity of the 17th Constitutional Amendment and held a similar judgment that the Parliament is empowered to make amendments to any part of the Constitution even to the Fundamental Rights.  - Golak Nath vs the State of Punjab (1967) The Supreme Court of India, in this case, nullified its previous order and passed a new order wherein the Fundamental Rights are not amendable unless a new Constituent Assembly is set up. Those rights are not within the ambit of the amendment of the Constitution. - Kesvananda Bharati vs the State of Kerala (1973) The concept of the doctrine of Basic Structure, in this case, was defined as making the case a landmark judgment. The supreme court passed a verdict that the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”  It enables the judiciary to disregard or override any amendment that is passed by the Parliament that conflicts with the basic structure or essential features of the Constitution. - Minerva Mills Case (1980) In this case, the judgment passed had struck down two alterations that were made by the 42nd Amendment Act 1976 to the Constitution and declared those changes to be violative of the basic structure.  - Indra Sawhney vs Union of India (1992) The Apex Court of India, in this case, added to the Constitution’s basic features, the “Rule of Law”.

Conclusion

The doctrine of the essential framework or basic structure of the Constitution was introduced to help prevent legislative excesses which were evident in the Emergence Period. It acts to protect against an all-powerful parliament that has the potential to resort to the overuse of Article 368. Any law prevalent in a country highly influences the citizens residing in it. Thus, every citizen of the country of India needs to have a basic knowledge and understanding of this concept.

References