Doctrine of basic structure as a constitutional safeguard in. Pdf the doctrine of basic structure is a judgemade doctrine which was propounded by the indian judiciary on 24th april 1973 in. Introduction a judgemade doctrine where certain features of the constitution of india are beyond the limit of the amending powers of the parliament of india. State of kerala 1973 declared that article 368 did not enable parliament to alter the basic structure or framework of the constitution. It provides a collective vision of what might be considered a good. It is important that legal systems shall have unity and coherence. The basic structure of the constitution can be defined as those parts of the constitution without which the constitution may loose its fundamental character. The basic structure of the indian constitution pdf book. By swati jhaveri assistant professor, faculty of law, national university of singapore.
The theory and practice of supraconstitutional limits on constitutional. Oxford university press, 2009 at 164229 defending the legitimacy of the indian basic structure doctrine. Nature of the indian constitution kesavananda bharati v. Indeed, article 370 is a selfapplying article of the constitution and applies ex proprio vigore meaning of its own force without having to depend on any other article for its enforceability. We have compiled important aspects of the basic structure theory of indian constitution telugu for telugu medium students preparing for upsc civil services exam, appsc, tspsc, group 1, group 2, group 3, panchayat secretary, vro, aso, gurukul teachers, aee and other competitive exams. It further endorsed and evolved the basic structure doctrine of the constitution. Amendment of indian constitution and basic structure. Narayananthe former president of india once said,we have destroyed the constitution, and constitution has not destroyed usappears true as the parliament has on many occasions proved this in. These features includes 1 supremacy of the constitution. The doctrine of basic structure of the constitution3 has become very controversial.
Each norm in such an order derives authority from a higher norm. State of kerala case, the supreme court of india adjudicated that the legislature of india can amend the constitution of india but cannot destroy or emasculate the basic elements or. The theory of basic structure of constitution answers with. Preamble to the constitution of india is a brief introductory statement that sets out the guiding purpose and principles of the document, and it indicates the source from which the document derives its authority, meaning, the people. Thus the political constitution, the legally recognized forms of property, and the organization of the economy, and the nature of the family, all belong to the basic structure. The basic structure doctrine is the judgemade doctrine whereby certain features of the constitution of india are beyond the limits of the amending powers 22 ibid. Oct 01, 2014 amendment of indian constitution and basic structure doctrine art. Sep 27, 2019 article 370 is not only part of the constitution of india but is part of the federalism that is the basic structure of the constitution.
On april 24, 1973, a special bench comprising judges of the supreme court of india held that article 368 of the constitution does not enable parliament to alter the basic structure or. In less than 10 minutes, roman teaches you funny memory tricks to remember basic structure doctrine of the indian constitution. Jan 09, 2017 the idiombasic structure itself cannot be found in the constitution of india. The initial objective of the theory is to find a conception, the first principles of which provide reasonable guidelines for the classical and familiar questions of. Vicissitudes and limitations of the doctrine of basic structure.
The basic structure or doctrine of the constitution of india applies only to constitutional amendments, which states that the parliament cannot destroy or alter the basic features of the indian constitution. State of kerala air 1973 sc 1461 the supreme court laid down the theory of basic structure in this case. The doctrine of basic structure is one of the greatest contributions of indian judiciary to theory of constitutionalism. Raj narayan9 the supreme court applied the theory of basic structure and struck down cl. The basic structure or doctrine of the constitution of india applies only to constitutional amendments, which states that the parliament cannot destroy or alter. The basic structure of the indian constitution commonwealth. This judge bench decided that 24th amendment is valid and the power to amend the constitution is found in art. Any law or amendment that violates these principles can be struck down by the sc on the grounds that they distort the basic structure of the constitution. Download the basic structure of the indian constitution book pdf free download link or read online here in pdf. Indian polity material pdfs in telugu basic structure. The basic structure doctrine is an indian judicial principle, most notably propounded by justice. Basic structure doctrine of the constitution jagran josh. Pdf the doctrine of basic structure of the indian constitution. In fact, article 370 is not only part of the constitution of india but is part of the federalism that is the basic structure of the constitution.
After going through this etutorial we shall come to know about scope of amending power of the parliament including evolution of basic structure of constitution, contents of basic structure. Subject to the provisions of this constitution, the executive powers of a state. A critique article pdf available in ssrn electronic journal june 2015 with 15,787 reads how we measure reads. Is the preamble a basic structure of the constitution. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. Basic structure doctrine, in judicial activism in india a festschrift in honour of justice v. The supreme court recognised this concept for the first time in the historic kesavananda bharati case in 1973. The concept of the basic structure of the constitution evolved over time. Basic structure doctrine and its widening horizons v. These principles, then, regulate the choice ofa political constitution and the main elements ofthe economic and social system. The validity of constitution 24th amendment act 1971, was challenged in keshvananda bharti vs. Read online the basic structure of the indian constitution book pdf free download link book now. Some 40 years later the same doctrine has been invoked in two cases by the supreme.
Dec 21, 2014 introduction a judgemade doctrine where certain features of the constitution of india are beyond the limit of the amending powers of the parliament of india. May 28, 20 the basic structure doctrine, as first expounded by the indian supreme court in the early 1970s in kesavanand bharati v kerala a. In which among the following cases, the supreme court of. Basic structure of the constitution in hindi indian. Doctrine of basic structure is a judge made doctrine1 to put a limitation on the amending powers of the parliament so that the. The doctrine of basic structure in the indian constitution. The phrase basic structure itself cannot be found in the constitution. Keeping it simple and short, in the 1973 kesavananda bharati vs. The doctrine of basic structure is a judgemade doctrine which was propounded by the indian judiciary on 24th april 1973 in keshavananda bharati sripadagalvaru case to put a limitation on the amending powers of the parliament so that the basic structure of the basic law of the land cannot be amended in exercise of its constituent power under the constitution.
The constitution of india is considered to be the general will of the people of india. All books are in clear copy here, and all files are secure so dont worry about it. What is the basic structure of the constitution of india. The doctrine of basic structure of the indian constitution. After going through this etutorial we shall come to know about scope of amending power of the parliament. Power of parliament to amend the constitution and procedure therefor.
As per the basic structure doctrine, any amendment that tries to change the basic structure of the constitution is invalid. The doctrine of basic structure helped in maintaining the supremacy of the constitution and to prevent its destruction by a temporary majority in parliament. The theory of basic structure of constitution answers. By special majority by not theory of basic structure of constitution. State of kerala in 1973, often been criticized as being illegitimate.
The doctrine of basic structure is a judgemade doctrine which was propounded by the indian judiciary on 24th april 1973 in keshavananda bharati sripadagalvaru case to put a limitation on the amending powers of the parliament so that the basic structure of the basic law of the land. Jan 09, 2017 we have compiled important aspects of the basic structure theory of indian constitution telugu for telugu medium students preparing for upsc civil services exam, appsc, tspsc, group 1, group 2, group 3, panchayat secretary, vro, aso, gurukul teachers, aee and other competitive exams. The supreme court declared that article 368 did not enable parliament to alter the basic structure or framework of the constitution and parliament could not use its amending powers under article368 to damage, emasculate, destroy, abrogate, change or alter the basic structure or framework of the constitution. The doctrine of basic structure is a judge made doctrine2to put a limitation on the amending powers of the parliament so that the basic structure of the basic law of the land3cannot be amended in exercise of its constituent power under the constitution. The theory and doctrine of unconstitutional constitutional. The theory of basic structure of constitution was propounded by the supreme court in answer this multiple choice objective question and get explanation and result. According to this theory, some of the provisions of the constitution of india form its basic structure which are not amendable by parliament by exercise of its constituent power under. The doctrine of basic structure is a judge made doctrine 2to put a limitation on the amending powers of the parliament so that the basic structure of the basic law of the land 3cannot be amended in exercise of its constituent power under the constitution. This principle lays down that henceforth, that is after april 24, 1973, the validity of all constitutional amendments shall be tested on the touchstone of basic structure. In less than 10 minutes, roman teaches you funny memory tricks to remember basic structure doctrine of. Outside the realm of subjective experience, and alien to it, lies the material world, governed by impersonal relations of cause and effect.
Basic structure doctrine is the reply to the dubious steps adopted to misuse the ninth schedule and the judgment as a whole is laudable. There is no mention of the term basic structure anywhere in the indian constitution. The basic structure doctrine is not mentioned in the constitution, yet it has been developed over the years. State of madras bgolak nath ckeshvanand bharati dminerva mills show answer keshvanand bharati. Basic structure of indian constitution political science. The basic structure doctrine is an indian judicial principle, most notably propounded by justice hans raj khanna, that the constitution of india has certain basic features that cannot be altered or destroyed through amendments by the parliament. This is a very important topic for the polity section in the upsc syllabus. Sep 12, 2016 significance of the basic structure doctrine. A study of the basic structure doctrine oxford, uk. Basic structure doctrine of the constitution explanation.
This judge bench decided that 24th amendment is valid and the power to. There is no mention of the term basic structure anywhere in. Amendment of indian constitution and basic structure doctrine. Article 370, federalism and the basic structure of the. The basic structure doctrine has, since its inception in kesavananda bharati v. The theory of basic structure of constitution was propounded by supreme court in 1 golak nath case 2 gopalan verses state of madras 3 keshavananda bharati case. The doctrine of basic structure is not found any where it was a judicial innovation, made by the supreme court to maintain the supremacy of the constitution, but it has not defined it. There are three critical milestones in indian constitutions path to. A prescriptive constitution emphasizes the foundational function of the constitution as a basic charter of the states identity, which plays a key role in representing the ultimate goals and shared values that underpin the state lerner 2011. The basic structure or doctrine of the constitution of india applies only to constitutional amendments, which states that the parliament cannot destroy or alter the basic features of the indian. Key among these basic features, as expounded by justice khanna, are the fundamental rights guaranteed to individuals by the constitution. Recent judicial comments on the basic structure of the. Basic structure of the constitution in hindi indian polity. In which among the following cases, the supreme court of india propounded the theory of basic structure of the constitution.
Amendment of indian constitution and basic structure doctrine art. The basic structure of the indian constitution compiled by venkatesh nayak introduction the debate on the basic structure of the constitution, lying somnolent in the archives of indias constitutional history during the last decade of the 20th century, has reappeared in the public realm. The idea of the basic structure of the constitution of singapore has been the subject of ongoing deliberation in the courts since the case of teo soh lung v minister for home affairs. The basic structure doctrine, as first expounded by the indian supreme court in the early 1970s in kesavanand bharati v kerala a. Basic structure doctrine as a limitationkesavananda bharati. The idiombasic structure itself cannot be found in the constitution of india. A constitution is a set of fundamental legalpolitical rules that. Basic norm or the grundnorm is a concept created by hans kelsen, a jurist and legal philosopher. Tricks to remember basic structure of indian constitution. Jayadevan legal system is a hierarchical normative order.
The basic structure doctrine was announced by the supreme court in kesavananda bharati v. Amendment of the constitution and basic structure doctrine bsd gagan k 2. The basic structure doctrine that the limits are set by the basic structure of the constitution or the law itself. The constitution of singapore can be amended by a twothirds majority a national referendum is only required where.