Chapter 11: Basic Structure of the Constitution
Introduction
The Basic Structure Doctrine is one of the most important principles of Indian Constitutional Law.
It means that there are certain fundamental features of the Constitution that cannot be changed or destroyed even by Parliament through amendment.
Thus, Parliament’s amending power under Article 368 is limited —
it can amend but cannot alter the basic structure.
As the Supreme Court said:
“Parliament is not supreme, the Constitution is supreme.“
Origin of the Basic Structure Doctrine
The idea of protecting the basic identity of a Constitution comes from other countries too:
- Germany: Basic Law (Grundgesetz) cannot be amended easily.
- USA: Some core principles cannot be changed.
In India, the Basic Structure concept evolved judicially through Supreme Court judgments.
Major Court Cases Related to Basic Structure
1. Shankari Prasad Case (1951)
- First Constitutional Amendment challenged.
- SC said: Parliament can amend any part, including Fundamental Rights.
2. Sajjan Singh Case (1965)
- Validated 17th Amendment.
- SC again said: Parliament has full amending power.
3. Golaknath Case (1967)
- Changed view.
- SC said:
- Fundamental Rights are sacred and cannot be amended.
- Parliament’s power is limited.
- Parliament reacted by passing 24th Amendment, asserting full power to amend.
4. Kesavananda Bharati Case (1973) (Super Important)
- Landmark judgment.
- 13-Judge Constitutional Bench (largest in Indian history).
- Supreme Court ruled:
- Parliament can amend any part of the Constitution, including Fundamental Rights.
- BUT — cannot alter the Basic Structure.
Thus, the Basic Structure Doctrine was born!
5. Indira Nehru Gandhi Case (1975)
- SC invalidated the 39th Amendment (which sought to immunize PM’s election from judicial review).
- Held: Free and fair elections are part of Basic Structure.
6. Minerva Mills Case (1980)
- 42nd Amendment tried to make Parliament’s amending power unlimited.
- SC struck down those parts.
- Reaffirmed: Balance between Fundamental Rights and DPSPs is part of Basic Structure.
7. Other Cases
- Waman Rao Case (1981): Upheld Basic Structure Doctrine for future amendments.
- S.R. Bommai Case (1994): Federalism and Secularism are Basic Structure.
- I.R. Coelho Case (2007): Even laws in Ninth Schedule after 1973 can be judicially reviewed.
What Constitutes the Basic Structure?
Supreme Court did not give a final list —
it keeps evolving based on interpretation.
However, important elements identified are:
| Basic Structure Elements |
|---|
| Supremacy of the Constitution |
| Rule of Law |
| Separation of Powers |
| Judicial Review |
| Free and Fair Elections |
| Sovereign, Democratic, Republican nature |
| Secular character of the State |
| Federal character of Constitution |
| Welfare State and Social Justice |
| Unity and Integrity of the Nation |
| Freedom and Dignity of the Individual |
| Independence of Judiciary |
| Parliamentary System of Government |
Important Features of the Basic Structure Doctrine
- Judicial Innovation:
Not mentioned anywhere in the text of the Constitution. - Flexible and evolving:
Basic Structure is not rigid — courts decide based on changing needs. - Protector of Democracy:
Prevents authoritarian governments from destroying essential features. - Limits to Parliament’s power:
Even a 100% majority cannot destroy Basic Structure.
Importance of Basic Structure Doctrine
- Protects Fundamental Rights from amendments.
- Preserves the core democratic values.
- Ensures that changes respect the spirit of the Constitution.
- Balances Parliament’s need to amend with need to protect basic values.
Without the Basic Structure Doctrine, a ruling party with two-thirds majority could theoretically abolish elections, judiciary, or democracy itself!
Thus, it is a shield against constitutional dictatorship.
Criticism of Basic Structure Doctrine
- Not explicitly mentioned in Constitution (purely judicially created).
- Gives judiciary more power — unelected judges limiting elected Parliament.
- Uncertainty:
No final list — Basic Structure keeps expanding.
However:
Most scholars and leaders agree it has strengthened Indian democracy.
Recent Examples of Basic Structure Protection
- Striking down unconstitutional reservation policies violating equality.
- Checking misuse of President’s Rule in states (S.R. Bommai case — federalism).
- Upholding independence of judiciary (striking down NJAC Act, 2015).
Conclusion
The Basic Structure Doctrine is the foundation of Constitutional protection in India.
It ensures that democracy, freedom, and rule of law survive,
even if future majorities try to change the system.
Thus, while the Constitution allows for growth and change, its soul and spirit remain inviolable.
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Basic Structure Doctrine given by | Kesavananda Bharati Case (1973) |
| Not mentioned explicitly in | Constitution |
| Supreme Court can strike down amendments violating | Basic Structure |
| Federalism, Secularism, Judicial Independence are | Part of Basic Structure |
Chapter 12: Parliamentary System
Introduction
The Indian Constitution establishes a Parliamentary System of Government both at the Centre and State levels.
India adopted the British model — the Westminster Parliamentary system — instead of the Presidential system (like the USA).
The system ensures that the Executive (Government) is responsible to the Legislature (Parliament).
Meaning of Parliamentary System
- In a parliamentary system, the executive derives its legitimacy from, and is accountable to, the legislature.
- There is a fusion of powers between the Executive and the Legislature (not complete separation like in Presidential systems).
In simple words:
- The Government (Council of Ministers) is part of Parliament.
- It must maintain the confidence of the majority in the Lok Sabha to stay in power.
Features of the Parliamentary System
| Feature | Explanation |
|---|---|
| 1. Collective Responsibility | Council of Ministers is collectively responsible to the Lok Sabha (Art 75). |
| 2. Dual Executive | Nominal Executive (President) + Real Executive (Prime Minister and Council of Ministers). |
| 3. Leadership of Prime Minister | Prime Minister is the head of real executive power. |
| 4. Dissolution of Lower House | Lok Sabha can be dissolved before term ends, triggering fresh elections. |
| 5. Secrecy of Procedure | Ministers must maintain confidentiality of government decisions (Oath of Secrecy). |
| 6. Political Homogeneity | Council of Ministers usually belongs to the same political party or coalition. |
Merits of Parliamentary System
- Harmony between Legislature and Executive:
Policies are passed smoothly because the government commands majority. - Responsible Government:
Government can be removed by a simple no-confidence motion. - Prevent Dictatorship:
Regular elections and debates ensure accountability. - Flexibility:
Government can be easily changed if it loses the majority — no need for revolution. - Wide Representation:
Coalition governments represent diverse sections of society.
Demerits of Parliamentary System
- Instability:
Governments may fall frequently (especially in coalition eras). - No Continuity of Policies:
Change of governments leads to different policies. - Possibility of Dictatorship of Cabinet:
If the ruling party has overwhelming majority, PM and Cabinet dominate Parliament. - Delay in Decision-Making:
Executive needs constant support from legislature → sometimes slow in acting. - Political Partisanship:
Party interests often dominate over national interest.
Reasons for Adopting Parliamentary System in India
- Familiarity with British Parliamentary traditions during colonial rule.
- Diversity of India:
Parliamentary system allows accommodation of different groups. - Desire for Responsible Government:
Ensures executive remains accountable to Parliament. - Avoidance of Conflict:
Presidential system can cause deadlock between Executive and Legislature (seen in the USA). - Indian National Congress had already functioned like a Parliament in pre-independence times (debates, elections, motions).
Dr. B.R. Ambedkar said:
“The Parliamentary system ensures daily assessment of responsibility and periodic assessment at the time of elections.“
Comparison: Parliamentary vs Presidential System
| Feature | Parliamentary System | Presidential System |
|---|---|---|
| Executive-Legislature Relation | Fusion | Separation |
| Executive Tenure | Uncertain, depends on confidence | Fixed tenure |
| Leadership | Prime Minister | President |
| Removal | No-confidence motion | Impeachment |
| Examples | India, UK | USA, Brazil |
Indian Parliamentary System — Distinctive Features
- Indian President is more than a rubber stamp (e.g., can send a bill back once for reconsideration).
- Sometimes called “Prime Ministerial Government” rather than purely Parliamentary.
- Anti-Defection Law (1985) strengthens stability by preventing defections.
- Judicial interventions have preserved parliamentary sanctity (e.g., floor test in case of majority disputes).
Challenges to Indian Parliamentary System
- Decline of Parliamentary Debates:
Increasing disruptions and adjournments. - Personality Cult:
Focus on leaders over institutions (e.g., elections fought in PM’s name). - Coalition Politics:
Difficult to maintain collective responsibility when ideologies clash. - Criminalization of Politics:
Presence of MPs with criminal charges reduces parliamentary quality. - Weak Opposition:
Strong opposition is essential for effective checks and balances.
Recent Reforms and Suggestions
- Fixed Term for Lok Sabha:
Limit unnecessary dissolutions. - Strengthening Parliamentary Committees:
More bills should go to committees for detailed discussion. - Electoral Reforms:
Clean candidates, transparent funding. - Reviving Parliamentary Ethos:
Promoting constructive debates, reducing disruptions.
Conclusion
The Parliamentary system has worked well for India despite some challenges.
It suits India’s diversity, complex social structure, and need for responsible governance.
However, to make it more effective, we must strengthen Parliament, encourage clean politics, and enhance people’s participation.
“Parliamentary democracy is not merely a form of government; it is primarily a mode of seeking justice and truth.” — Jawaharlal Nehru
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Adopted from | British system |
| Key Principle | Collective Responsibility |
| Fusion of powers | Between Executive and Legislature |
| Anti-Defection Law Year | 1985 |
| Constitutional Articles involved | Art 74, 75, 78, etc. |