BASIC STRUCTURE DOCTRINE -

The origins of the Kesavananda Bharati case can be traced back to the land reforms that were
introduced in the Indian state of Kerala in the 1950s and 1960s. These reforms were aimed at
redistributing land from large landowners to the landless and the poor. In 1963, the Kerala
government passed the Kerala Land Reforms Act, which placed a limit on the amount of land that a
person could hold. The Act provided for the acquisition of excess land from landowners and its
distribution to the landless and the poor.

Introduction to the Judgment

The Kesavananda Bharati judgment, delivered on 24 April 1973, is a landmark judgment of the
Supreme Court of India. The case was filed by Sri Kesavananda Bharati, the head of a Hindu religious
mutt in Kerala, challenging the constitutional validity of the 24th, 25th and 29th Amendments to the
Indian Constitution, which sought to curtail the powers of the judiciary and the fundamental rights of
citizens.

The Kesavananda Bharati case was heard by a bench of 13 judges of the Supreme Court of India,
making it one of the largest benches in Indian legal history. The bench comprised of Chief Justice S.
M. Sikri, Justice J.M.Shelat, Justice K.S. Hegde, Justice A.N.Grover, Justices A.N. Ray, Justice P.
Jaganmohan Reddy, Justice D.G. Palekar, Justice H.R. Khanna, Justice K.K. Mathew, Justice M.H.
Beg, Justice S.N. Dwivedi, Justice A.K. Mukherjee and Justice Y.V. Chandrachud.

The Supreme Court, in a historic 7:6 majority decision, propounded the basic structure doctrine of the
Constitution, which holds that certain fundamental features of the Constitution, such as democracy,
secularism, federalism, and the rule of law, cannot be amended by parliament. The court also held that
the power of judicial review is an integral part of the basic structure of the Constitution, and cannot be
taken away by Parliament through constitutional amendments.

The significance of the Kesavananda Bharati case lies in the fact that it established the doctrine of
basic structure of the Indian Constitution. The basic structure doctrine holds that certain fundamental
features of the Constitution, such as the supremacy of the Constitution, the rule of law, and the
independence of the judiciary, cannot be amended or abrogated by the Parliament through a
constitutional amendment.

This doctrine has served as a check on the power of the Parliament to amend the Constitution and has
ensured that the Constitution remains a living document that is responsive to changing times while
preserving its fundamental values and principles.

The Basic Structure Doctrine is a key constitutional principle in India that limits the power of the
Parliament to amend certain fundamental features of the Constitution. According to this doctrine,
certain core principles and values cannot be altered through constitutional amendments. The Supreme
Court of India has used the Basic Structure Doctrine to strike down several constitutional amendments
over the years. Here are some notable cases related to the Basic Structure Doctrine in the Indian
Constitution:

1. Kesavananda Bharati v. State of Kerala (1973): This landmark case is widely considered the most
significant case regarding the Basic Structure Doctrine. The Supreme Court, in a historic decision,
held that the Parliament can amend any part of the Constitution but cannot alter its basic structure.
The judgment laid down the basic structure doctrine and established that certain fundamental features,
such as the supremacy of the Constitution, secularism, democracy, federalism, and judicial review, are
beyond the amending power of the Parliament.
2. Indira Gandhi v. Raj Narain (1975): In this case, the Supreme Court invoked the Basic Structure
Doctrine to strike down certain provisions of the 39th Amendment Act, which was passed by the
Parliament to nullify the court's judgment in the Election case against then-Prime Minister Indira
Gandhi. The court held that the amendments violated the basic structure of free and fair elections.

3. Minerva Mills Ltd. v. Union of India (1980): In this case, the Supreme Court used the Basic
Structure Doctrine to invalidate certain provisions of the 42nd Amendment Act, which was passed
during the Emergency period. The court held that the amendments violated the basic structure and
undermined the independence of the judiciary.

4. Waman Rao v. Union of India (1981): In this case, the Supreme Court reiterated the Basic
Structure Doctrine and held that the power of judicial review is an essential and integral feature of the
Constitution's basic structure. The court struck down certain provisions of the 42nd Amendment Act,
which sought to curtail the scope of judicial review.

5. S.R. Bommai v. Union of India (1994): In this case, the Supreme Court applied the Basic Structure
Doctrine in the context of federalism. The court held that secularism and federalism are basic features
of the Constitution and cannot be abrogated by the Parliament. The judgment clarified that any
attempt to undermine the democratic fabric or secular ethos of the nation would violate the basic
structure.

These are just a few significant cases that have shaped the application and understanding of the Basic
Structure Doctrine in the Indian Constitution. The doctrine continues to be an essential principle in
constitutional jurisprudence in India. The impact of the Basic Structure Doctrine on the Indian
Constitution has been profound and far-reaching. Here are some key impacts:

1. Limitation on Amending Power: The Basic Structure Doctrine establishes a limitation on the
amending power of the Parliament. It ensures that the Parliament cannot amend the Constitution in a
manner that infringes upon or destroys the basic structure. This limitation has helped maintain the
integrity and stability of the Constitution, preventing arbitrary changes that could undermine its
fundamental principles.

2. Protection of Fundamental Rights: The Basic Structure Doctrine has played a significant role in
safeguarding fundamental rights in India. It ensures that any constitutional amendment that seeks to
dilute or curtail these rights is subject to judicial scrutiny. This has led to the protection and expansion
of individual liberties and human rights in the country.

3. Balancing Powers: The doctrine has helped maintain a balance of powers among the three branches
of government in India. By preventing the Parliament from excessively encroaching upon the powers
of the judiciary or other constitutional bodies, it ensures the separation of powers and prevents any
single institution from becoming too dominant.

4. Judicial Activism: The Basic Structure Doctrine has encouraged judicial activism in India. The
judiciary has actively interpreted and applied the doctrine to strike down constitutional amendments
that violate the basic structure. This activism has strengthened the role of the judiciary as a protector
of the Constitution and a check on the legislative and executive branches.

5. Evolution of Constitutional Law: The doctrine has allowed for the evolution of constitutional law in
India. It has given the judiciary the flexibility to adapt the concept of the basic structure to changing
social, economic, and political realities. As a result, the Indian Constitution has been able to respond
to emerging challenges and developments while preserving its core values.
6. Stability and Continuity: The Basic Structure Doctrine has contributed to the stability and
continuity of the Indian Constitution. By protecting the basic structure from arbitrary amendments, it
ensures that the constitutional framework remains intact, even during times of political changes or
shifting power dynamics.

7. Protection of Secularism and Federalism: The doctrine has been instrumental in upholding the
principles of secularism and federalism in India. It prevents amendments that may undermine the
secular fabric of the nation or alter the federal structure of governance. This protection ensures the
preservation of India's diverse and pluralistic society.

8. Democratic Values: The Basic Structure Doctrine reinforces democratic values in India. By
safeguarding the principles of democracy, such as free and fair elections, parliamentary
accountability, and the rule of law, it strengthens the democratic framework of the country and
protects the rights and freedoms of its citizens. The Basic Structure Doctrine has had a transformative
impact on the Indian Constitution. It has protected fundamental rights, maintained a balance of
powers, allowed for the evolution of constitutional law, ensured stability and continuity, and upheld
democratic values and the principles of secularism and federalism. The doctrine has played a vital role
in preserving the integrity and essence of the Indian Constitution.

The Basic Structure Doctrine in India has significant social implications as it seeks to protect the core
values and principles enshrined in the Constitution. Here are some key social aspects related to the
Basic Structure Doctrine:

1. Protection of Fundamental Rights: The Basic Structure Doctrine ensures the protection of
fundamental rights guaranteed by the Constitution, such as the right to equality, freedom of speech
and expression, and the right to life and personal liberty. By safeguarding these rights, the doctrine
promotes social justice, inclusivity, and individual freedoms.

2. Secularism and Pluralism: The doctrine upholds secularism as a basic feature of the Constitution. It
prevents the alteration of the secular character of the Indian state, which fosters religious harmony,
tolerance, and respect for diverse faiths and beliefs. This aspect of the doctrine promotes social
cohesion and helps maintain a pluralistic society.

3. Democratic Values: The Basic Structure Doctrine reinforces the democratic principles and values
embedded in the Constitution. It protects the democratic framework, including free and fair elections,
representative governance, and the rule of law. By preserving these democratic values, the doctrine
strengthens social participation, accountability, and the voice of the people in decision-making
processes.

4. Social Justice and Equality: The doctrine acts as a safeguard against any amendments that could
compromise the principles of social justice and equality. It ensures that affirmative action policies,
reservations for marginalized communities, and other measures aimed at achieving social equality are
not diluted or undermined. By protecting these provisions, the doctrine contributes to the
advancement of social justice and inclusivity.

5. Judicial Activism: The Basic Structure Doctrine has provided a basis for judicial activism in India.
The judiciary has played an active role in interpreting and protecting the basic structure, often
intervening to ensure the adherence of legislative and executive actions to constitutional principles.
This judicial activism has led to important social changes, including advancements in human rights,
women's rights, environmental protection, and the rights of marginalized communities.
6. Social Stability and Consistency: The Basic Structure Doctrine provides stability and consistency to
the constitutional framework. By preventing hasty and arbitrary changes to the Constitution, the
doctrine ensures a solid foundation for social progress and development. It allows for gradual and
thoughtful reforms while maintaining the core values and principles of the Constitution.

7. Balancing State Power: The Basic Structure Doctrine acts as a check on excessive state power. It
prevents the Parliament from altering the basic structure of the Constitution without due consideration
and debate. This aspect of the doctrine safeguards against authoritarianism and helps maintain a
balance of power between the government and the judiciary, thereby protecting individual liberties
and societal interests. The social aspect of the Basic Structure Doctrine in India encompasses the
protection of fundamental rights, promotion of social justice and equality, preservation of secularism
and pluralism, reinforcement of democratic values, judicial activism, social stability, and the
balancing of state power. These aspects contribute to building an inclusive, just, and progressive
society in India.