Doctrine of Constitution Features

Doctrine of Constitution Features

Doctrine of Basic Structure

Keshavananda Bharati Case

• The Supreme Court of India enunciated the Doctrine of Basic Structure of the Constitution in the Keshavananda Bharati Case.

• The Supreme Court held in the case of Keshavananda Bharati that there are certain basic features of the Constitution of India, which cannot be altered by an amendment under Article. 368.

Article 31C and Judicial Review

Article 31C, introduced by the 25th Amendment Act, provided that if any law seeks to implement the directive principles contained in Art.

• 39(b)-(c), i.e., regarding socialist control and distribution of the material resources of the country, such law shall not be void on the ground of contravention of Art. 14 or 19.

• The Supreme Court later held that Art. 368 did not empower the Parliament to take away judicial review, in the name of 'amending' the Constitution.

42nd Amendment and Minerva Mills Case

• The 42nd Amendment of 1976 inserted two clauses in Article. 368 to the effect that the Constitution Amendment Act "shall be called in Question in any court on any ground".

• These clauses were nullified by the Supreme Court in the Minerva Mills Case.

Implications of the Keshavananda Bharati Decision

There are three implications of the decision in Keshavananda Bharati's Case:

1. Any part of the Constitution may be amended as per the procedure laid down in Article. 368.

2. No referendum or reference to the Constituent Assembly is required to amend any provision of the Constitution.

3. Basic features of the Constitution cannot be amended.

Basic Features of the Constitution

There is no limited list of basic features. In so many decisions, the Supreme Court has declared different things as basic features. Prominent among them are the following:

• Supremacy of the Constitution

• Rule of law

• The principle of separation of powers

• The objectives specified in the Preamble to the Constitution

• Judicial review; Art. 32

• Federalism

• Secularism

• The Sovereign, Democratic, Republican structure

• Freedom and dignity of the individual

• Unity and integrity of the Nation

• The Principle of equality, not every feature of equality, but the quintessence of equal justice

• The 'essence' of fundamental rights in Part III

• The concept of social and economic justice to build a Welfare State

• The balance between fundamental rights and directive principles

• The Parliamentary system of Government

• The principle of free and fair elections

• Limitations upon the amending power conferred by Art. 368

• Independence of the Judiciary

• Effective access to justice

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

Final Thoughts

The Doctrine of Constitution Features ensures that India’s Constitution retains its core identity, even while allowing amendments under Article. 368.

Landmark cases like Keshavananda Bharati and Minerva Mills clarify that certain basic features, such as supremacy, federalism, judicial review, and fundamental rights, cannot be altered.

This doctrine balances the need for flexibility in governance with the preservation of the rule of law and democratic principles. By protecting the essence of the Constitution, it safeguards the unity, integrity, and justice framework of the nation for generations.