Basic Structure of the Constitution:

The Parliament has the power to abridge or take away any of the Fundamental Rights (Article 368). This act will not be a law under the meaning of Article 13.

Cases related to Basic Structure:

The Shankari Prasad case (1951):

• Against the First Amendment Act (1951)
• The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 (includes the power to amend Fundamental Rights).
• The word ‘law’ in Article 13 includes only ordinary laws and not the constitutional amendment acts (constituent laws). Therefore, the Parliament can abridge any of the Fundamental Rights by a constitutional amendment act and such a law will not be void under Article 13.

The Golak Nath case (1967):

• In this Case the constitutional validity of the Seventeenth Amendment Act, 1964 (the Ninth Schedule) was challenged.
• The Supreme Court ruled that the Parliament cannot abridge or take away any of the Fundamental Rights.

The Parliament enacted the 24th Amendment Act (1971) and amended Articles 13 and 368

The Kesavananda Bharati case (1973):

• The Supreme Court upheld the validity of the 24th Amendment Act (1971).
• The Parliament is empowered to take away any of the Fundamental Rights and laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution.
• The Supreme Court ruled that the Parliament under Article 368 cannot alter the ‘basic structure’ of the Constitution.

Indira Nehru Gandhi case (1975):

• The case about the invalidity of provision of the 39th Amendment Act (1975)
• The Supreme Court invalidated the provision which kept the Prime Minister and the Speaker of Lok Sabha election disputes outside the jurisdiction of all courts.
• It was beyond the amending power of Parliament and it affected the basic structure of the constitution.

The 42nd Amendment Act (1976):

• This Act amended Article 368.
• The amending power of Parliament is now unlimited and no amendment can be questioned in any court.

The Minerva Mills case (1980):

• This case invalidated the unlimited amending power of Parliament and its non questioning character by the court.
• Because, judicial review which is a ‘basic feature’ of the Constitution.
• The court ruled that the limited amending power of parliament under article 368 is one of the basic features of the Constitution.

The Woman Rao case (1981):

• In this case, the Supreme Court clarified that ‘basic feature’ of the Constitution would apply to constitutional amendments enacted after April 24, 1973 (the date of the judgement in the Kesavananda Bharati case).

The Basic structure Elements:

• The Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights.
• But without affecting the ‘basic structure’ of the Constitution.

1. Supremacy of the Constitution
2. Sovereign, democratic and republican nature of the Indian polity
3. Secular character of the Constitution.
4. Separation of powers between the legislature, the executive and the judiciary
5. Federal character of the Constitution
6. Unity and integrity of the nation
7. Welfare state (socio-economic justice)
8. Judicial review
9. Freedom and dignity of the individual
10. Parliamentary system
11. Rule of law
12. Harmony and balance between Fundamental Rights and Directive Principles
13. Principle of equality
14. Free and fair elections
15. Independence of Judiciary
16. Limited power of Parliament to amend the Constitution
17. Effective access to justice
18. Principles (or essence) underlying fundamental rights
19. Powers of the Supreme Court under Articles 32, 136, 141 and 142
20. Powers of the High Courts under Articles 226 and 227