Notes on ‘Basic Structure of the Indian Constitution’

Notes on ‘Basic Structure of the Indian Constitution’

The Constitution of India does not explain the basic structure of the constitution. However, the Supreme Court of India, in its judgement on the Kesavananda Bharti Case said that every provision of the Constitution can be amended provided in the result the basic foundation and structure of the constitution remains the same. The basic structure may be said to consist of the following features:

(i) Supremacy of the Constitution;

(ii) Republican and Democratic Form of Government;

(iii) Secular Character of the Constitution;

(iv) Separation of powers between the Legislature, the Executive and the Judiciary;

(v) Federal Character of the Constitution.

“The above structure is built on the basic foundation, i.e., the dignity and freedom of the individual. This is of supreme importance. This cannot by any form of amendment be destroyed.”

Thus, the Constitution cannot be amended in a way as to destroy its basic structure.