Doctrine of Basic Structure

The basic structure doctrine depicts that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the parliament. Basic features of the Indian Constitution are not explicitly defined by the Judiciary. It is widely believed that democracy, federalism, independence of the judiciary, secularism etc. are part of the basic features.

This doctrine was first expressed in Kesavananda Bharati v. The State of Kerala (1973). Many modern democracies, including the United States, Canada, Australia have written constitutions like we have. Wherever there is a written Constitution, it provides for a mechanism for amendment.

Article 368 of our constitution empowers the Parliament to amend the Constitution, except for certain matters, by a Bill which has been passed by each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting and which has been ratified by not less than one-half of the states.

After the enactment of 24th, 25th, 26th and 29th amendments of the Constitution, their validity was challenged on authority of Golak Nath Judgment in Keshavanda Bharathi v. State of Kerala. But Golak Nath was overruled and the basic structure doctrine was upheld by the judiciary where the basic structure has not been still defined and is enlarged to include many of the rights of the individuals which cannot be abrogated by the Parliament.

Indira Nehru Gandhi v. Raj Narain upheld the independence of judiciary in dispensing justice and held that judicial review is a basic feature of the constitution. Consequently after 1976, Supreme Court took considerable efforts to bring a new egalitarian order in furtherance of Directive Principles of State Policy. Thus in Minerva Mills, court underlined that Part III and IV of the constitution is like a twin formula for achieving the social revolution.

After Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461 case, Supreme Court in many cases invoked the doctrine of basic structure. The doctrine of non-amendability of the basic features of the Constitution implies that there are certain provisions in the Constitution which cannot be amended even by the following prescribed procedure therefor.

There is no exact list of as to what these basic features are. The Supreme Court has also not provided any such exhaustive list of the basic features of the Constitution, though some of the basic features have been highlighted in various judgements of Supreme Court. The inherent ambiguity of the doctrine, as well as that of the ratio in Kesavananda Bharati, resulted in various challenges both to and under the doctrine before the Supreme Court. The period following Kesavananda Bharati was one where the doctrine has evolved on a case-to-case basis, resulting in a gradual expansion of the doctrine. In Minerva Mills, on that premise, Constitution (42nd Amendment) Act was struck down. In 2014, the National Tax Tribunal was struck down on the premise that it is violative of the basic structure of the constitution.