The doctrine of basic structure is a judicial innovation introduced by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). It asserts that the Indian Constitution has certain fundamental features that cannot be altered or abolished, even through constitutional amendments. While the Constitution itself does not explicitly mention the term "basic structure," the Supreme Court has identified these core elements through various judgments.
Key Elements of the Basic Structure
The Supreme Court has, over time, identified several elements that constitute the basic structure of the Indian Constitution:
- Supremacy of the Constitution: The Constitution is the supreme law of the land, and all other laws must conform to its provisions.
- Republican and Democratic Form of Government: India is a republic, where power rests with the people, and a democracy, where the government is elected by the people.
- Parliamentary Form of Government: The Constitution establishes a parliamentary system of government, with a bicameral legislature.
- Federalism: The Constitution divides powers between the central government and the state governments.
- Secularism: The Constitution guarantees the freedom of religion and prohibits discrimination on religious grounds.
- Social Justice: The Constitution is committed to social justice, ensuring equality and dignity for all citizens.
- Rule of Law: The principle of rule of law ensures that everyone is subject to the law, including those in power.
- Separation of Powers: The Constitution divides powers among the legislature, executive, and judiciary to prevent concentration of power.
- Judicial Review: The Supreme Court has the power to review the constitutionality of laws and government actions.
- Free and Fair Elections: The Constitution guarantees free and fair elections to ensure popular sovereignty.
The doctrine of basic structure serves as a safeguard against arbitrary changes to the Constitution. It ensures that the fundamental principles and values enshrined in the Constitution remain intact. By upholding the basic structure, the Supreme Court plays a crucial role in protecting the democratic fabric of India.