Idea of Basic Structure

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

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