Cementing the ‘Basic Structure’

Dr Suresh Mathew Dr Suresh Mathew
01 May 2023
The fact that the Supreme Court has created a dedicated web page on the verdict to mark the 50th anniversary of the landmark judgment shows its commitment to stick to it.

April 24, 1973 was a historic day in the history of the Constitution of India.  It was on this day that the Supreme Court of India, through its path-breaking judgment in the Kesavananda Bharati case, established that Parliament does not have unfettered power to amend the Constitution. Known as the ‘basic structure’ doctrine, the verdict stated that there are certain fundamental features -- democracy, secularism, federalism, sovereignty of the nation, the rule of law, securing individual freedom, etc. -- that are beyond the scope of alteration by the supreme law-making body, the Parliament. 

The RSS and other Sangh Parivar offshoots couldn’t digest and accept the Constitution as adopted by the Constituent Assembly. They considered it as nothing but a ‘copy and paste’ work, to use a modern terminology, from constitutions of different western countries. They found it lacking as it had not followed Manusmriti or similar texts of ancient India. Their objection to the Constitution had found its expression in an editorial in Organizer, the RSS mouth piece: “In our Constitution, there is no mention of the unique constitutional development in ancient Bharat. Manu’s Laws were written long before Lycurgus of Sparta or Solon of Persia. To this day, his laws, as enunciated in Manusmriti, excite the admiration of the world and elicit spontaneous obedience and conformity. But to our constitutional pundits that means nothing.” The Sangh Parivar’s dislike for the Constitution continues till this day and it finds expression, off and on, through some of their motormouth leaders. They clamour for rewriting the Constitution to bring it in tune with Hindutva ideology, traditions, culture, ideas and aspirations. 

However, it is the ‘unadulterated stand of the Supreme Court’, which finds its unambiguous expression in the Kesavananda Bharati judgement, that keeps the Constitution in tact. It goes to the credit of the apex court that it has not allowed the statute to be watered down. There is no Constitution in the world which has not undergone  amendments and the same is true with the Constitution of India. But what the Supreme Court stated is that its foundational principles can neither be changed nor tweaked by any law-making body. The Constitution Bench of 13 judges, in its 7-6 decision, had asserted its right to strike down amendments that were in violation of the fundamental and basic principles of the Constitution. While the Parliament has wide powers, it does not have the power to destroy the basic elements of the Constitution. 

The apex court, it seems, had realised the danger of a government with brute majority amending the Constitution to the extend of jeopardizing its socialist, secular, democratic, federal principles that form its basic character. The Kesavananda Bharati judgement made it impossible for any government to bring in amendments that would alter the ‘basic structure.’ In the 50 years after the historic verdict, though judges of all hues have come and gone in the Supreme Court, the basic structure doctrine has survived. However, it is also true that the governments have brought in laws that pose challenge to some of the principles enunciated in the basic structure doctrine  as we have seen in the Citizenship Amendment Act or the abrogation of Article 370. These challenges are yet to undergo the ‘litmus test’ in the highest court of the land. The fact that the Supreme Court has created a dedicated web page on the verdict to mark the 50th anniversary of the landmark judgment shows its commitment to stick to it. 

Recent Posts

The Meghalaya honeymoon murder has once again highlighted caste, familial and societal pressures in India. This tragic death is a telling example of how societal norms can escalate to tensions, result
apicture Dr Richa Walia
16 Jun 2025
Rising violence, including gruesome crimes like spousal murders, is a sign of the deeper failings of our society. It is a brew of misplaced ambitions, weak value systems and inadequate marriage prepar
apicture Chhotebhai
16 Jun 2025
The Indian government's continuous prioritisation of optics has led to its waning credibility both among its own citizens and the world alike. Indian scriptures remind us that Truth triumphs unaided;
apicture A. J. Philip
16 Jun 2025
The Pahalgam massacre and the subsequent Operation Sindoor have only served to deepen the Hindutva-led communal and political chasms. The need of the time is national reconciliation, which fosters inc
apicture Jacob Peenikaparambil
16 Jun 2025
The tragic Air India crash in Ahmedabad claimed 241 lives, leaving devastated families and heartbreak in its wake. The victims were students, professionals, and dreamers from diverse backgrounds. Life
apicture Cedric Prakash
16 Jun 2025
Judicial corruption, however subtle, compromises public trust and corrodes the Rule of Law. It breaks the premise of humanity, trust and justice. There is an urgent need for vigilant scrutiny and stea
apicture Justice (Retd) Aloysius S. Aguiar
16 Jun 2025
The integrity of India's democratic institutions is under threat. Constitutional bodies, such as Parliament and the Election Commission, have become the face of subservience and malpractice.
apicture G Ramachandram
16 Jun 2025
BJP's ideological reengineering of Indian history mirrors the global far-right trends and threatens democratic pluralism.
apicture Fr Soroj Mullick, SDB
16 Jun 2025
This is the time for surgical introspection. Let's not shoot the aircraft before reading the full post-mortem. Let's not turn this into a "foreign conspiracy" saga while ignoring the crows feasting ou
apicture Robert Clements
16 Jun 2025
As the majority of India's population lives in rural areas, air pollution in these areas cannot be ignored, and pollution cannot be attributed solely to traffic exhaust, factory emissions, and constru
apicture Dr Manoj Kumar Mishra
09 Jun 2025