Syllabus: Constitution on India- Basic Structure
Why in NEWS
Former Chief Justice of India (CJI) Ranjan Gogoi, a nominated member in Rajya Sabha, said on Monday that the Basic Structure of the Constitution has a “debatable jurisprudential basis”.
Doctrine of the Basic Structure of the Constitution
- The doctrine of the Basic Structure of the Constitution is a judicial principle in India that limits the power of Parliament to amend the Constitution.
- The doctrine was developed by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala (1973).
- The Court held that Parliament has the power to amend the Constitution, but that this power is not unlimited.
- There are certain essential features of the Constitution that cannot be amended, even by a unanimous vote of Parliament. These essential features are known as the “basic structure” of the Constitution.
The basic structure of the Constitution includes the following features:
- Supremacy of the Constitution
- Republican and democratic form of government
- Secular character of the Constitution
- Federal character of the Constitution
- Separation of powers
- Individual freedom
- Dignity of the individual