The Doctrine of Essential Features, commonly known as the Basic Structure Doctrine, is a pivotal principle in Indian constitutional law. It asserts that certain fundamental aspects of the Constitution are so integral that even Parliament cannot amend them. This doctrine ensures the preservation of the Constitution’s core ideals, safeguarding the democratic framework and preventing potential legislative overreach.

MEANING, DEFINITION & EXPLANATION

The Basic Structure Doctrine posits that while Parliament holds the authority to amend the Constitution under Article 368, this power is not absolute. Amendments that alter or destroy the Constitution’s ‘basic structure’ are deemed unconstitutional. The Supreme Court of India introduced this doctrine in the landmark case of Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461. In this case, the Court ruled that Parliament could amend any part of the Constitution as long as such amendments did not alter its fundamental framework. Justice H.R. Khanna emphasized that the Constitution’s basic structure rests on the dignity and freedom of its citizens, which cannot be destroyed by any legislation.

HISTORICAL BACKGROUND / EVOLUTION

The evolution of the Basic Structure Doctrine can be traced through several landmark judgments:

• Shankari Prasad v. Union of India (1951): The Supreme Court upheld the First Amendment, stating that Parliament’s amending power under Article 368 included the authority to amend Fundamental Rights.

• Sajjan Singh v. State of Rajasthan (1965): The Court reaffirmed its stance from Shankari Prasad, allowing amendments to Fundamental Rights. However, Justice J.R. Mudholkar, in his dissent, hinted at the concept of inherent limitations on Parliament’s amending power, suggesting that the Constitution’s basic features might be beyond amendment.

• Golaknath v. State of Punjab (1967): Reversing its earlier decisions, the Supreme Court held that Parliament could not amend Fundamental Rights, granting them a “transcendental position.” This decision led to significant debates and the eventual formulation of the Basic Structure Doctrine.

• Kesavananda Bharati v. State of Kerala (1973): This landmark judgment introduced the Basic Structure Doctrine, asserting that while Parliament has wide powers to amend the Constitution, it cannot alter its basic structure. The Court identified several fundamental features, including the supremacy of the Constitution, republican and democratic forms of government, secularism, separation of powers, and federalism.

• Indira Nehru Gandhi v. Raj Narain (1975): The Supreme Court applied the Basic Structure Doctrine to strike down clauses of the 39th Amendment, which sought to place the elections of the Prime Minister and Speaker beyond judicial scrutiny. The Court emphasized that such amendments violated the principles of free and fair elections, a core component of the Constitution’s basic structure.

• Minerva Mills Ltd. v. Union of India (1980): The Court reaffirmed the Basic Structure Doctrine, striking down clauses of the 42nd Amendment that sought to curtail judicial review and granted unlimited amending power to Parliament. The judgment underscored that a limited amending power is itself a basic feature of the Constitution.

ESSENTIALS / ELEMENTS OF THE BASIC STRUCTURE

While the Supreme Court has not provided an exhaustive list of the Constitution’s basic features, several elements have been recognized through various judgments:

• Supremacy of the Constitution: The Constitution is the supreme law of the land, and all laws and amendments must conform to its provisions.

• Rule of Law: Every individual and institution is subject to the law, ensuring equality before the law.

• Separation of Powers: The division of governance among the legislative, executive, and judicial branches prevents the concentration of power and ensures checks and balances.

• Federalism: The distribution of power between the central government and the states maintains the federal character of the nation.

• Secularism: The state maintains neutrality in religious matters, ensuring freedom of religion for all citizens.

• Democracy: The democratic form of government ensures representation and participation of the people in governance.

• Judicial Review: The judiciary’s power to review and invalidate laws and amendments that contravene the Constitution safeguards constitutional supremacy.

• Free and Fair Elections: The integrity of the electoral process is essential for the functioning of a democratic polity.

CASE LAWS / PRECEDENTS

Several landmark judgments have shaped the Basic Structure Doctrine:

• Kesavananda Bharati v. State of Kerala (1973): As discussed, this case established the doctrine, limiting Parliament’s amending power concerning the Constitution’s basic structure.

• Indira Nehru Gandhi v. Raj Narain (1975): The Court invalidated the 39th Amendment, emphasizing that free and fair elections are part of the basic structure.

• Minerva Mills Ltd. v. Union of India (1980): The judgment struck down parts of the 42nd Amendment, reinforcing that a limited amending power is a basic feature of the Constitution.

• Waman Rao v. Union of India (1981): The Supreme Court reaffirmed the Basic Structure Doctrine, stating that amendments made after the Kesavananda Bharati case would be subject to judicial review.

• I.R. Coelho v. State of Tamil Nadu (2007): The Court held that laws placed under the Ninth Schedule after