Table of Contents hide

Emergence of the Basic structure

1st CAA - 1951 = Curtailed Rt to property
But A13 = Laws inconsitent with FR is void but not CAA
- Qn whether FR amended?
  - Shakari Prasad Case - 1951 = YES
  - Golaknath Case 1967 = NO (challenging 17th CAA)
24th CAA 1971 = amended A13 & A368 = power to parliament to even remove FR
KB Case 1973 = can amend but subject to Basic Structure
42nd CAA 1976 = no limitation of parliament regarding amendment
Minerva Mills Case 1980 = above provision invalidated bcos Basic Structure
Waman Rao Case 1981 = BS Doctrine applies to CAA after 24 April 1973

Elements of the Basic Structure

Parliament under Article 368 can amend any part of the Constitution including FR
But without affecting the 'basic structure' of the Constitution.
Supreme Court is yet to define or clarify as to what constitutes the 'basic structure' of the Constitution.
From the various judgments, the following have emerged as 'basic features' of the Constitution
- Supremacy of the Constitution
- Sovereign, democratic and republican nature of the Indian polity
- Secular character of the Constitution
- Separation of powers between the legislature, the executive and the judiciary
- Federal character of the Constitution
- Unity and integrity of the nation
- Welfare state (socio-economic justice)
- Judicial review
- Freedom and dignity of the individual
- Parliamentary system
- Rule of law
- Harmony and balance between Fundamental Rights and Directive Principles
- Principle of equality
- Free and fair elections
- Independence of Judiciary
- Limited power of Parliament to amend the Constitution
- Effective access to justice
- Principle of reasonableness
- Powers of the Supreme Court under Articles 32, 136, 141 and 142