Basic Structure of the Indian Constitution

The Indian Constitution is the supreme law of India and is the longest written constitution in the world. It consists of a preamble, 25 parts, 448 articles, 12 schedules, and 5 appendices [1]. The Constitution establishes a federal system of government, where power is divided between the central government and the state governments [1].

Basic Structure Doctrine

The basic structure doctrine is a judicial principle that has been established by the Indian Supreme Court. It states that certain provisions of the Indian Constitution are so fundamental to its structure that they cannot be altered by the parliament through amendments [2]. The doctrine was first introduced in the landmark case of Kesavananda Bharati v. State of Kerala (1973) [3].

Key Features of the Indian Constitution

The following are some of the key features of the Indian Constitution:

• Federalism: The Indian Constitution establishes a federal system of government, where power is divided between the central government and the state governments [1].

• Fundamental Rights: The Constitution guarantees certain fundamental rights to all citizens of India, such as the right to equality, freedom of speech and expression, and freedom of religion [1].

• Directive Principles of State Policy: These are guidelines for the government to establish social and economic democracy in India [1].

• Separation of Powers: The Constitution provides for a separation of powers between the legislature, executive, and judiciary [1].

Case Laws

The basic structure doctrine has been used by the Supreme Court to strike down several constitutional amendments over the years. Some examples include:

• In 1975, the government passed the 39th Amendment to the Constitution, which sought to curtail judicial review powers. However, this amendment was struck down by the Supreme Court as it violated the basic structure doctrine [2].

• In 1980, the government passed an amendment that sought to transfer certain powers from state governments to the central government. However, this amendment was also struck down by the Supreme Court as it violated the basic structure doctrine [2].

Citations and Sources

Here are some sources that you can refer to for more information on this topic:

1. Setu Gupta, “Vicissitudes and Limitations of the Doctrine of Basic Structure”

2. iPleaders, “Basic Structure of Indian Constitution”

3. Kesavananda Bharati v. State of Kerala (1973)