How does the concept of 'basic structure' come into play concerning amendments under Article 368, especially after the Kesavananda Bharati case of 1973?

Detailed Legal Analysis

The concept of 'basic structure' plays a crucial role in determining the limits of parliamentary power to amend the Constitution under Article 368, particularly after the landmark Kesavananda Bharati case of 1973.

In the Kesavananda Bharati v. State of Kerala case, the Supreme Court articulated the 'basic structure' doctrine, which asserts that while Parliament has the authority to amend the Constitution, it cannot alter or destroy its fundamental framework. This decision established a balance between the need for constitutional reform and the preservation of essential democratic principles.

Key points regarding the 'basic structure' doctrine and its implications on amendments under Article 368 include:

• Article 368: This article empowers Parliament to amend the Constitution by a prescribed procedure. However, the amendments must not infringe upon the basic structure of the Constitution.
• Judicial Review: The Supreme Court asserted its power to review amendments if they are alleged to violate the basic structure. This introduces a check on parliamentary power.
• List of Basic Features: While the Kesavananda Bharati case did not provide an exhaustive list, some commonly recognized basic features include:
  • Supremacy of the Constitution
  • Rule of Law
  • Separation of Powers
  • Federalism
  • Judicial Independence
  • Protection of Fundamental Rights
• Subsequent Cases: The doctrine has been reaffirmed in various subsequent judgments, including:
  • Indira Gandhi v. Raj Narain (1975)
  • Minerva Mills v. Union of India (1980)
  • Vishaka v. State of Rajasthan (1997)
• Limitations on Amendments: Amendments must not alter the balance between fundamental rights and directive principles, nor should they undermine the Constitution's core ethos.

In conclusion, the basic structure doctrine serves as a safeguard against potential abuse of power, ensuring that constitutional amendments do not compromise the foundational principles of the Indian Constitution. This principle has been pivotal in maintaining the integrity of the Constitution and protecting the rights of citizens against arbitrary legislative actions.