What is the Basic Structure Concept of Indian Constitution?

The main object of the Basic structure is to protect the fundamental rights of citizens of India and to preserve the main character of the Indian Constitution provided in the Preamble of the Indian Constitution like to preserve the democracy of India and the main spirit of the Indian Constitution. The parliament should make amendments in such a manner so that it does not affect the Basic Structure of the Constitution.

It would be pertinent to see whether the doctrine of basic structure provides an answer to the question: “If the whole constitution cannot be repealed, how much of it must be left ?”  What, Article 393 states, that means, If parliament made an amendment then what remains should be a constitution. The answer to the question is not to be found in Article 368, the basic structure doctrine tries to provide an answer to the same.

In Kesavananda Case(1973) it was held that the essential features of the Constitution as a part of the basic structure of the Constitution can not be amended. Even the Fundamental rights can be abridged only to the extent of reasonableness in the public interest.

The Supreme Court gave an illustrative list of certain features which are regarded as the Basic Structure of the Constitution, they are:-

• The sovereignty of the constitution.
• Republic as well as a democratic form of government.
• Secularism.
• Power’s separation between Legislative, Executive & the Judiciary.
• Federalism of the Constitution.
• Part 3 of the Constitution i.e. Fundamental Rights

This list is merely illustrative and it is for the courts to decide what is the basic structure of the Constitution on a case to case basis. Overtime, other features were also included in the structural features list:

1. Judicial review
2. Rule of law
3. Rule of equality
4. Free and fair elections
5. Power of High Court under Articles 226 and 227
6. Power of Supreme Court of India under Articles 32, 136, 142, and 147.

The Indian Constitution does not provide the term ‘Basic Structure‘. The term Basic question which arose in the series of judgements made by the Supreme Court was whether the Fundamental Rights were amendable so as to take away or abridge any Fundamental Right provided by The Constitution of India. At That time the questionnaire and decisions and a few amendments constituted the term Basic Structure when Fundamental rights and their violation came up in question by amendments made by the parliament of India. Through a series of decisions, it has been settled by the Supreme Court that what is the basic structure in general and what constitutes it.