Basic Structure of Constitution [Polity for UPSC]

 


INTRO


-> Doctrine of Basic Structure examines the validity of

> Constitutional Amendment

> Ordinary Law

> Ordinance


-> Objective

> To maintain the constitutional superiority

> To sustain a balance between the three organs of the State





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EMERGENCE OF THE BASIC STRUCTURE


-> Shankari Prasad Case(1951)

> SC ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights


-> Golaknath vs. State of Punjab, 1967

> SC ruled that the Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights


-> 24th Amendment Act(1971)

> Constituional amendment  act will not be a law under the meaning of Article 13


-> Kesavananda Bharati vs. State of Kerala, 1973

> SC overruled its judgment in the Golak Nath case (1967) and upheld the validity of the 24th Amendment Act(1971) 

> Laid down a new doctrine of the ‘Basic Structure’


-> 39th Amendment Act and Indira Nehru Gandhi case (1975)


-> 42nd Amendment Act (1967)

> No amendment can be questioned in any court 


-> Minerva Mills case(1980)

> Invalidated that provision of 42nd AA as it excluded judicial review which is a basic structure


-> Waman Rao Case (1981)

> SC clarified that basic structure doctrine would apply to constitutional amendments enacted after April 24, 1973 (Keshvananda Bharti case)






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ELEMENTS OF BASIC STRUCTURE


1. Rule of law


2. Harmony and balance between Fundamental Rights and Directive Principles


3. Principle of equality


4. Free and fair elections


5. Independence of Judiciary


6. Limited power of Parliament to amend the Constitution


7. Effective access to justice


8. Principles (or essence) underlying fundamental rights


9. Powers of the Supreme Court under Articles 32, 136, 141 and 142


10. Powers of the High Courts under Articles 226 and 227


11. Supremacy of the Constitution


12. Sovereign, democratic and republican nature of the Indian polity


13. Secular character of the Constitution


14. Separation of powers between the legislature, the executive and the judiciary


15. Federal character of the Constitution


16. Unity and integrity of the nation


17. Welfare state (socio-economic justice)


18. Judicial review


19. Freedom and dignity of the individual


20. Parliamentary system
























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