The Indian Constitution gives Parliament the power to amend the Constitution under:
Article 368
However, Parliament's amending power is not unlimited.
The Supreme Court has held that Parliament cannot use its amending power to destroy the:
Basic Structure of the Constitution
This principle is known as the:
Basic Structure Doctrine
The doctrine was established in:
Kesavananda Bharati v. State of Kerala, 1973
Constitutional Amendment → Permitted
Destruction of Basic Structure → Not Permitted
The Basic Structure Doctrine means that certain fundamental features of the Constitution cannot be destroyed or fundamentally altered even through a Constitutional Amendment.
Parliament can:
But it cannot use Article 368 to:
Destroy the fundamental identity of the Constitution
Amend → Yes
Destroy Basic Structure → No
The Constitution does not expressly use the term:
"Basic Structure Doctrine"
The doctrine was developed by the:
Supreme Court of India
through judicial interpretation of Parliament's amending power under Article 368.
Basic Structure → Judicially evolved doctrine
Article 368 → Constitutional source of amending power
The Basic Structure Doctrine developed through a series of important Supreme Court judgments.
The major constitutional journey was:
Shankari Prasad → Sajjan Singh → Golaknath → 24th Amendment → Kesavananda Bharati → Minerva Mills → Waman Rao → I.R. Coelho
Each stage changed or clarified the relationship between:
Parliament + Constitution + Judiciary
The Supreme Court upheld Parliament's power to amend the Constitution.
The Court held that a Constitutional Amendment made under Article 368 was not "law" within the meaning of Article 13.
Therefore:
Fundamental Rights could be amended.
The Court adopted a broad interpretation of Parliament's amending power.
Shankari Prasad → Amendment Power Upheld
The Supreme Court again upheld Parliament's power to amend Fundamental Rights.
The Court continued to accept the broad scope of the amending power.
Sajjan Singh → Amendment Power Upheld
The Supreme Court changed its earlier position.
The Court held that:
Parliament could not amend Fundamental Rights.
The judgment treated Constitutional Amendments as "law" for the purposes of Article 13.
This placed a major restriction on Parliament's amending power.
Golaknath → Fundamental Rights Protected from Amendment
Parliament responded to the Golaknath judgment through the:
24th Constitutional Amendment Act, 1971
Important changes included:
The amendment strengthened Parliament's constitutional amending power.
However, Parliament's power was subsequently subjected to a new judicial limitation.
This is the landmark case establishing the:
Basic Structure Doctrine
A 13-judge Constitution Bench considered the scope of Parliament's power under Article 368.
The Supreme Court held that:
Parliament has wide power to amend the Constitution.
But:
Parliament cannot alter the basic structure of the Constitution.
Every constitutional provision can be amended
provided:
The basic foundation and structure of the Constitution remains intact.
Kesavananda Bharati → Basic Structure Doctrine
The judgment created a balance between:
Parliamentary Amending Power
and:
Constitutional Supremacy
Parliament is not prohibited from making constitutional changes.
Instead, Parliament is prohibited from:
Destroying the Constitution's basic structure.
Wide Amending Power
Basic Structure Limitation
=
Constitutional Balance
The Supreme Court has never provided a single exhaustive list of everything forming the Basic Structure.
The doctrine has developed gradually through judicial decisions.
Therefore:
Basic Structure → Not a closed list
The Supreme Court may identify additional features as part of the Basic Structure.
Basic Structure is dynamic but constitutionally protected.
The Supreme Court has recognised several features as part of the Basic Structure.
Important features include:
The list is:
Not Exhaustive
The Constitution is the:
Supreme Law of the Land
All organs of the State derive their authority from the Constitution.
Therefore, Parliament cannot use the amendment power to make itself superior to the Constitution.
Constitution > Parliament
The:
Republican + Democratic
character of the Indian State is part of the Basic Structure.
Therefore, an amendment cannot destroy the democratic and republican character of the constitutional system.
Democracy + Republic → Basic Structure
Secularism is recognised as part of the Basic Structure.
The Constitution does not establish a State religion and guarantees freedom of conscience and religion.
Therefore, Parliament cannot use Article 368 to destroy the secular character of the Constitution.
Secularism → Basic Structure
Federalism is an important feature of India's constitutional structure.
The Constitution distributes powers between:
Union + States
Therefore, Parliament cannot completely destroy the federal character of the Constitution through amendment.
Federalism → Basic Structure
The:
Rule of Law
is an important Basic Structure principle.
It means that government authority must operate within constitutional and legal limits.
No organ of government is above the Constitution.
Rule of Law → No Absolute Power
The Constitution distributes governmental powers among:
The principle of:
Separation of Powers
is part of the Basic Structure.
Parliament cannot use an amendment to completely destroy the constitutional role of another organ.
Judicial review is an important component of the Basic Structure.
The Supreme Court and High Courts can examine whether governmental action and legislation comply with the Constitution.
The judiciary can also examine:
Constitutional Amendments
for violation of the Basic Structure.
Judicial Review → Basic Structure
The:
Independence of Judiciary
is part of the Basic Structure.
Parliament cannot completely eliminate judicial independence through a Constitutional Amendment.
This protects the judiciary's ability to act as an independent constitutional institution.
The Supreme Court has recognised:
Free and Fair Elections
as an important feature of the Basic Structure.
This protects the democratic character of the Constitution.
Free + Fair Elections → Democracy → Basic Structure
One of the most important developments is that:
Limited Amending Power itself is part of the Basic Structure.
This means Parliament cannot amend Article 368 to give itself unlimited power.
Parliament can amend Article 368
but:
Cannot destroy the limitation on its own amending power
The Supreme Court has recognised the importance of:
Balance and Harmony between Fundamental Rights and Directive Principles
The Constitution should not be interpreted or amended in a manner that destroys the constitutional balance between these two parts.
FR + DPSP → Harmony
The Supreme Court reaffirmed the Basic Structure Doctrine.
The Court struck down important parts of the:
42nd Constitutional Amendment Act, 1976
that attempted to give Parliament virtually unlimited amending power.
The Court held that:
Limited Amending Power
is itself part of the Basic Structure.
Parliament cannot use Article 368 to:
Destroy the limitations on Article 368 itself.
Minerva Mills → Limited Amending Power
The:
42nd Constitutional Amendment Act, 1976
made extensive changes to the Constitution.
Among other changes, it attempted to strengthen Parliament's position in relation to constitutional amendments and restrict judicial scrutiny.
The Supreme Court in:
Minerva Mills, 1980
invalidated important parts of these changes.
This confirmed that:
Judicial Review + Limited Amending Power
cannot be removed in a manner that damages the Basic Structure.
The Supreme Court reaffirmed the Basic Structure Doctrine in the context of the:
Ninth Schedule
The judgment established an important temporal distinction concerning laws placed in the Ninth Schedule.
24 April 1973
This was the date of the Kesavananda Bharati judgment.
Waman Rao → Ninth Schedule + Basic Structure
The Supreme Court further developed the Basic Structure Doctrine in relation to the:
Ninth Schedule
The Court held that laws inserted into the Ninth Schedule after:
24 April 1973
are subject to judicial review if they damage or violate Basic Structure principles.
Ninth Schedule ≠ Complete Judicial Immunity
I.R. Coelho → Ninth Schedule + Basic Structure Review
The Basic Structure Doctrine means that:
Constitutional Amendments are subject to judicial review.
The Supreme Court can examine whether an amendment:
Parliament is not the final judge of the validity of its own Constitutional Amendments.
Yes.
The correct UPSC position is:
Fundamental Rights can be amended.
However, an amendment cannot:
Destroy the Basic Structure
Therefore:
"Fundamental Rights cannot be amended."
is incorrect.
Fundamental Rights → Amendable
Basic Structure → Protected
Yes.
The Preamble is considered:
Part of the Constitution
and can be amended.
However, it cannot be amended in a manner that damages the Basic Structure.
The:
42nd Constitutional Amendment Act, 1976
added:
to the Preamble.
Preamble → Amendable
Basic Structure → Protected
Yes.
Article 368 itself can be amended.
However, Parliament cannot amend Article 368 to:
Completely remove judicial review
or:
Make its amending power unlimited
because such changes can violate the Basic Structure.
Article 368 → Amendable
Unlimited Amending Power → Not Permitted
The doctrine creates an important relationship:
Parliament
↓
Constitutional Amendment
↓
Judicial Review
↓
Basic Structure Test
If the amendment violates the Basic Structure:
It can be invalidated by the Court.
The doctrine reinforces:
Constitutional Supremacy
rather than:
Parliamentary Supremacy
Parliament has constituent power under Article 368, but that power originates from the Constitution and remains subject to constitutional limitations.
India → Constitutional Supremacy
not:
Unlimited Parliamentary Supremacy
The Basic Structure Doctrine protects the federal character of the Constitution.
This is particularly significant because India has:
A strong Union + Federal Features
Parliament can modify federal arrangements, but it cannot destroy the essential federal character of the Constitution.
Secularism is part of the Basic Structure.
The Supreme Court has repeatedly recognised the secular character of the Constitution as constitutionally protected.
Therefore:
Secular character → Cannot be destroyed through amendment
Democracy is one of the foundational principles of the Constitution.
Features such as:
support the democratic constitutional order.
These principles receive protection through the Basic Structure Doctrine.
The Constitution distributes power among:
Legislature + Executive + Judiciary
The Basic Structure Doctrine prevents any one organ from using constitutional power to completely destroy the constitutional role of another organ.
Three Organs → Constitutional Balance
An independent judiciary is essential for:
Therefore:
Independence of Judiciary → Basic Structure
The Basic Structure Doctrine does not mean:
The Constitution cannot be changed.
It does not mean:
Every constitutional provision is unamendable.
It does not mean:
Fundamental Rights are completely beyond amendment.
It does not mean:
Parliament has no amending power.
Parliament has wide amending power
but:
Basic Structure places a substantive limitation on that power.
| Year | Case / Amendment | Key Principle |
|---|---|---|
| 1951 | Shankari Prasad | Amendment power upheld |
| 1965 | Sajjan Singh | Amendment power upheld |
| 1967 | Golaknath | Fundamental Rights held unamendable |
| 1971 | 24th Amendment | Parliament's constituent power strengthened |
| 1973 | Kesavananda Bharati | Basic Structure Doctrine |
| 1976 | 42nd Amendment | Major expansion of Parliament's powers |
| 1980 | Minerva Mills | Limited amending power protected |
| 1981 | Waman Rao | Basic Structure + Ninth Schedule |
| 2007 | I.R. Coelho | Ninth Schedule subject to Basic Structure review |
Parliament can amend Fundamental Rights
↓
Amending power upheld
↓
Fundamental Rights cannot be amended
↓
Parliament's constituent power affirmed
↓
Basic Structure cannot be destroyed
↓
Limited Amending Power is Basic Structure
↓
Ninth Schedule + Basic Structure
↓
Ninth Schedule laws after 24 April 1973 can face Basic Structure review
The Basic Structure Doctrine is expressly mentioned in Article 368.
False
It is a:
Judicially evolved doctrine
Kesavananda Bharati held that Parliament cannot amend the Constitution.
False
Parliament can amend the Constitution.
It cannot:
Destroy the Basic Structure
Fundamental Rights cannot be amended.
False
They can be amended subject to the:
Basic Structure limitation
Every constitutional provision forms part of the Basic Structure.
False
Only fundamental constitutional features recognised by the Supreme Court receive Basic Structure protection.
The Basic Structure is a fixed and exhaustive list.
False
The list is:
Not Exhaustive
Parliament can make Article 368 unlimited by amendment.
False
Limited Amending Power itself is part of the Basic Structure.
The Preamble cannot be amended.
False
The Preamble can be amended subject to the Basic Structure limitation.
Constitutional Amendments cannot be reviewed by courts.
False
Constitutional Amendments can be tested against the:
Basic Structure Doctrine
The Basic Structure Doctrine applies only to Fundamental Rights.
False
It can apply to any Constitutional Amendment affecting a feature that forms part of the Basic Structure.
The Ninth Schedule provides absolute immunity from judicial review.
False
Following:
I.R. Coelho, 2007
Ninth Schedule laws can be reviewed if they damage Basic Structure principles.
Minerva Mills established the Basic Structure Doctrine.
False
The doctrine was established in:
Kesavananda Bharati, 1973
Minerva Mills reaffirmed and strengthened the doctrine.
The Basic Structure Doctrine makes Parliament's amending power completely ineffective.
False
Parliament retains:
Wide Amending Power
subject to:
Basic Structure Limitation
| Concept | Position |
|---|---|
| Article 368 | Constitutional amendment power and procedure |
| Parliament's power | Wide but limited |
| Basic Structure Doctrine | Judicially evolved |
| Kesavananda Bharati | Established Basic Structure Doctrine |
| Fundamental Rights | Amendable |
| Preamble | Amendable |
| Article 368 | Amendable |
| Judicial Review | Basic Structure |
| Federalism | Basic Structure |
| Secularism | Basic Structure |
| Democracy | Basic Structure |
| Rule of Law | Basic Structure |
| Separation of Powers | Basic Structure |
| Independence of Judiciary | Basic Structure |
| Limited Amending Power | Basic Structure |
| Ninth Schedule | Subject to Basic Structure review |
Article 368
→ Parliament's amending power
Kesavananda Bharati, 1973
→ Basic Structure Doctrine
Basic Structure
→ Cannot be destroyed
Fundamental Rights
→ Can be amended
Preamble
→ Can be amended
Article 368
→ Can be amended
Judicial Review
→ Protected
Federalism
→ Protected
Secularism
→ Protected
Democracy
→ Protected
Limited Amending Power
→ Protected
I.R. Coelho
→ Ninth Schedule subject to Basic Structure review
The Basic Structure Doctrine represents a balance between:
Constitutional Change
and:
Constitutional Continuity
A Constitution must be capable of adapting to changing social, economic and political conditions.
Therefore, Parliament must have the power to amend it.
At the same time, constitutional amendments cannot be allowed to destroy the fundamental principles that give the Constitution its identity.
The Basic Structure Doctrine therefore establishes:
Parliamentary Amending Power
Constitutional Supremacy
Judicial Review
=
Constitutional Balance
The doctrine has become an important safeguard against constitutional majoritarianism.
It ensures that:
A temporary parliamentary majority cannot permanently destroy the fundamental constitutional framework.
Thus, the central principle is:
The Constitution can be amended, but its basic identity cannot be destroyed.
