Basic Structure in Indian Constitution

Basic Structure in Indian Constitution | Indian Polity | UPSC

The concept of the "basic structure" of the Indian Constitution is a doctrine established by the Supreme Court of India that implies certain features of the Constitution are so fundamental to its identity that they cannot be altered or destroyed through amendments by the Parliament. Here are some key points regarding basic structure of Indian Constitution:
Doctrine of Basic Structure: This doctrine was first introduced in the landmark case of Kesavananda Bharati vs. State of Kerala in 1973. The Supreme Court ruled that while the Parliament has wide powers to amend the Constitution, it cannot change the basic structure.
Essential Features: The essential features of the basic structure include the supremacy of the Constitution, republican and democratic form of government, secular character, federal character, separation of powers, unity and integrity of the nation, and individual freedom.
Landmark Cases: Several cases have contributed to the evolution of this doctrine, including the Shankari Prasad case (1951), the Sajjan Singh case (1965), and more recently, the IR Coelho case (2007), which reaffirmed that laws placed in the Ninth Schedule of the Constitution after April 24, 1973, are subject to judicial review if they violate the basic structure.
Amendment Limitations: The Parliament cannot use its amending powers under Article 368 to alter the basic structure. This ensures that the fundamental identity of the Constitution remains intact despite changes in law and society.
Judicial Review: The Supreme Court has the authority to review and strike down constitutional amendments passed by the Parliament if they are found to violate the basic structure.

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