Context:

India celebrated 47 years of the decision in Kesavananda Bharti v. the State of Kerala, wherein the Supreme Court of India laid down the ‘Basic Structure Doctrine.

Issues of the case:

• Whether constitutional amendment as per Article 368 applicable to fundamental rights also
• Whether 24th Amendment Act 1971 is valid
• Whether Section 2(a), 2(b), and 3 of the 25th amendment are valid.

Whether 29th Amendment Act 1971 is valid

• The Doctrine of Basic Structure:
• Parliament has unlimited power to amend the Constitution subject to the sole condition that such amendments must not change the basic structure of the Constitution.
• The Parliament should not in any manner interfere with the basic features of the Constitution without which the Constitution will be left spiritless and lose its very essence.
• The basic structure of the Constitution was not mentioned by the bench and was left to the interpretation of the court.
• The Courts need to see and interpret if a particular amendment violates the basic structure of our Indian Constitution or not.

According to the various cases of the Supreme Court, the following list has been prepared under the Basic Structure:

• 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
• Principles (or essence) underlying Fundamental Rights.
• Powers of the Supreme Court under Articles 32, 136, 141, and 142.
• Powers of the High Courts under Articles 226 and 227.