The Doctrine of Basic Features

The Doctrine of Basic Features

• The Supreme Court of India enunciated the Doctrine of Basic Structure of 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 can not be altered by an amendment under Art. 368.
• Article 31C, introduced by 25th Amendment Act provided that if any law seeks to implement the directive principles contained in Art. 39(b)-(c) i.e. regarding socialistic 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.
• The 42nd Amendment 1976 inserted two clauses in Art. 368 to the effect that 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.
• There are three implications of the decision in Keshavananda Bharati's Case.
  - Any part of the Constitution may be amended as per the procedure laid down in Art. 368.
  - No referendum or reference to Constituent Assembly is required to amend any provision of the Constitution.

Basic features of the Constitution can not be amended.

There is no limited list of basic features. In so manydecisions the Supreme Court has declared different things 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 Arts. 32,136,141, 142.