The "Basic Structure Doctrine" in the Indian Constitution

The "Basic Structure Doctrine" in the Indian Constitution refers to the principle that certain fundamental features of the Constitution cannot be altered or amended by the Parliament. This concept was established by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). Here are the key points of the Basic Structure Doctrine:

Supremacy of the Constitution: The Constitution is the supreme law of the land, and no law enacted by the Parliament can violate its essential features.

Eternality of the Constitution: The basic structure of the Constitution is considered eternal and unalterable. This prevents the Parliament from making changes that could destroy the core principles of the Constitution.

Limited Amending Power: While the Indian Parliament has the power to amend the Constitution, this power is not absolute. The Parliament cannot amend the Constitution in a way that destroys or alters its basic structure.

Judicial Review: The judiciary has the authority to review constitutional amendments to ensure they do not violate the basic structure of the Constitution. If an amendment is found to be in conflict with the basic structure, it can be declared void by the courts.

Separation of Powers: The doctrine emphasizes the separation of powers between the legislative, executive, and judicial branches of government. This balance should be maintained to preserve the democratic and republican character of the Constitution.

Federal Character: The federal nature of the Constitution, which includes the distribution of powers between the central and state governments, is considered a part of the basic structure.

Rule of Law: The principle that everyone, including the government, is subject to the law is a fundamental aspect of the Constitution's basic structure.

Sovereign, Democratic, and Republic Nature: The foundational principles of India being a sovereign, democratic, and republican nation cannot be altered.

Secularism: The doctrine upholds the secular nature of the Indian state and prevents any amendment that could undermine this principle.

Individual Rights: Fundamental rights guaranteed to citizens under the Constitution, which ensure their personal liberties, are a crucial part of the basic structure.

Unity and Integrity of the Nation: The doctrine protects the unity and integrity of India as a nation and prevents any amendment that could compromise these values.

Balance Between Fundamental Rights and Directive Principles: The balance between fundamental rights and directive principles of state policy is also considered a part of the basic structure.

In summary, the Basic Structure Doctrine safeguards the core principles and values of the Indian Constitution from being tampered with or undermined through amendments. This ensures the continuity of the Constitution's foundational ideals while allowing for necessary changes that are consistent with these ideals.