QUES . What are the basic structures of the Indian Constitution? Can they be amended? Explain. UPSC IES/ISS EXAM 2023 General Studies. 200 Words. 5 Marks

Hints:

The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.

The basic structure doctrine holds that certain fundamental features of the Constitution, such as democracy, secularism, federalism, rule of law, supremacy of the Constitution, and the independence of the judiciary, cannot be amended or abrogated by the Parliament through a constitutional amendment.

Must read: WHY DO WE NEED A CONSTITUTION?

It is a judicial creation whereby certain features of the constitution of India are beyond the limits of amending powers of parliament of the constitution.

The basic structure doctrine was laid down by the Supreme Court in the Kesavananda Bharati judgement in the turbulent 1970s following serial attrition between the Indira Gandhi-led executive and the court. The court ruled that while Parliament has vast powers to change the Constitution, it cannot touch certain “basic features” or foundational principles that give the Constitution its coherence or identity, make it what it is. That is, Parliament can amend, not destroy.

Must read: “The Indian Constitution is a living document.”

This doctrine has served as a check on the power of the Parliament to amend the Constitution and has ensured that the Constitution remains a living document that is responsive to changing times while preserving its fundamental values and principles.

Can the basic structure of the Indian Constitution be amended?

The Supreme Court has the power to declare any law that it finds unconstitutional void. As per the Basic Structure Doctrine of the Indian Constitution, any amendment that tries to change the basic structure of the constitution is invalid.

As per this doctrine, any amendment that seeks to alter or abolish these basic features is deemed unconstitutional and void. Thus, this doctrine acts as a safeguard against arbitrary or radical changes to the Constitution, ensuring its stability, continuity, and adherence to core constitutional values.

External link: https://judgments.ecourts.gov.in/KBJ/?p=home/intro