Basic Structure (Doctrine) of The Constitution

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Basic Structure (Doctrine) of the Constitution

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Basic structure (doctrine) of the Constitution
The constitution empowers the Parliament and the State Legislatures to make laws within
their respective jurisdiction. Bills to amend the constitution can only be introduced in the
Parliament, but this power is not absolute. If the Supreme Court nds any law made by
the Parliament inconsistent with the constitution, it has the power to declare that law to
beThis
invalid. Thus,
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Parliament cannot destroy or alter the basic structure of the doctrine.
Evolution of the Basic Structure
The word "Basic Structure" is not mentioned in the constitution of India. The concept
developed gradually with the interference of the judiciary from time to time to protect the
basic rights of the people and the ideals and the philosophy of the constitution.
• The First Constitution Amendment Act, 1951 was challenged in the Shankari Prasad vs.
Union of India case. The amendment was challenged on the ground that it violates the
Part-III of the constitution and therefore, should be considered invalid. The Supreme
Court held that the Parliament, under Article 368, has the power to amend any part of the
constitution including fundamental rights. The Court gave the same ruling in Sajjan Singh
Vs State of Rajasthan case in 1965.
• In Golak Nath vs State of Punjab case in 1967, the Supreme Court overruled its earlier
decision. The Supreme Court held that the Parliament has no power to amend Part III of
the constitution as the fundamental rights are transcendental and immutable. According
to the Supreme Court ruling, Article 368 only lays down the procedure to amend the
constitution and does not give absolute powers to the parliament to amend any part of
the constitution.
• The Parliament, in 1971, passed the 24th Constitution Amendment Act. The act gave the
absolute power to the parliament to make any changes in the constitution including the
fundamental rights. It also made it obligatory for the President to give his assent on all the
Constitution
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In 1973, in Kesavananda Bharti vs. State of Kerala case, the Supreme Court upheld the
validity of the 24th Constitution Amendment Act by reviewing its decision in Golaknath
case. The Supreme Court held that the Parliament has power to amend any provision of
the constitution, but doing so, the basic structure of the constitution is to be maintained.
But the Apex Court did not any clear de nition of the basic structure. It held that the
"basic structure of the Constitution could not be abrogated even by a constitutional
amendment". In the judgement, some of the basic features of the Constitution, which
were listed by the judges.
The basic features of the Constitution are as follows:
Supremacy of the constitution

Republican and democratic form of government Recommended in The Polity
Secular character of the constitution
Federal character of the constitution THE LATEST MOST POPULAR
Separation of power
Unity and Sovereignty of India
Individual freedom 1 What is Permanent Residency
Certi cate and dispute related to it
Important Supreme Court Decisions in North-East?
Case Decision by the Supreme Court 2 Functions of Enforcement

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The Parliament, under Article 368,
Shankari Prasad Vs. Union of India,
has power to amend any part of
1951 3 List of Important Committees and
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Sajjan Singh Vs. State of Rajasthan,
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The Parliament is not powered to
Golak Nath Vs. State of Punjab,
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The Parliament can amend any
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The Supreme Court rea rmed its Latest Videos
Indira Gandhi Vs. Raj Narain, 1975
concept of basic structure
The concept of basic structure was
further developed by adding REGISTER TO GET FREE UPDATES
Minerva Mills Vs. Union of India, 'judicial review' and the 'balance
1980 between Fundamental Rights and Name
Directive Principles' to the basic
features
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'Free and fair elections' was added
Kihoto hollohan Vs. Zachillhu, 1992
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Indira Sawhney Vs. Union of India, 'Rule of law, was added to the basic
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integrity of India, secularism,
S.R Bommai vs Union of India, Gender Male Female
socialism, social justice and judicial
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Basic Structure (Doctrine) of the Constitution

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Basic structure (doctrine) of the Constitution

Parliament cannot destroy or alter the basic structure of the doctrine

Evolution of the Basic Structure

The basic features of the Constitution are as follows:

Supremacy of the constitution

Case Decision by the Supreme Court 2 Functions of Enforcement

Please Select Your Interest

I have read the Privacy Policy and the Terms and

Receive alerts related to marketing, promotions and latest

PREVIOUS STORY NEXT STORY

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