BASIC STRUCTURE OF INDIAN CONSTITUTION

BASIC STRUCTURE OF INDIAN CONSTITUTION

WHAT IS BASIC STRUCUTRE?

• The Basic Structure Doctrine limit the Parliament’s power to make drastic amendment to the Constitution.
• It was introduced by the Kesavananada Bharati Case, 1973.
• The judgement upheld the power of Supreme Court to judicially review Parliament laws.

WHAT DOES THE DOCTRINE STATE?

• The Doctrine states that “Some elements of the Constitution are so fundamental (basic) in nature that they cannot be amended even by the parliament”
• Hence the name Basic Structure

WHAT ARE THE ELEMENTS OF BASIC STRUCTURE?

1. Rule of Law
   • No person is above law.
   • E.g. The traffic laws are same for everyone.
   • No person can be punished except for violation of law.
2. Rule of Equality
   • No discrimination on the basis of sex, caste, color, religion, etc.
3. Federalism
   • The Union Government cannot remove State Government.
4. Separation of Power
   • The functions and powers of Legislature, Executive and Judiciary are independent.
   • The Parliament cannot pass judgement.
   • The Supreme Court cannot pass law.
5. Free and Fair Election
   • Everyone should have equal opportunity to contest in election whether it is for President or Prime Minister.
6. Parliamentary System
   • In India, Prime Minister is the Head of the Government & President is indirectly appointed.
     • This system cannot be changed.
     • But, in Pakistan, there had been multiple military coup. Eg. Pervez Musharraf, who was the Army General, became President and seized the power.

EVOLUTION OF DOCTRINE OF BASIC STRUCTURE

WHAT IS THE SIGNIFICANCE OF BASIC STRUCUTRE?

1. It saves the Indian Democracy as it acts as limitation on the power of Parliament.
2. It saves the opposition political parties from the ruling party.
3. It has protected independence of Indian Judiciary.
4. It has protected Fundamental Rights of Indian Citizen.