Basic Structure of the Consitution
■ The doctrine of Basic Structure was proposed on 24th April 1973 in the Keshavananda Bharati case.
Basic Structure of the Constitution cannot be amended under Article 368 of the Indian constitution.
■ The evolution of the Basic Structure doctrine can be traced from the issue of the right to property and the first Constitutional Amendment Act of 1951.
■ Important components of the Basic Structure provided in the constitution have been recognized by the judiciary in various cases the are:
⦿Secular character of the Constitution
⦿Sovereign, democratic and republican nature of the Indian
⦿Supremacy of the Constitution
⦿Welfare state (socio-economic justice)
⦿Unity and integrity of the nation
⦿Federal character of the Constitution
⦿Separation of powers between the legislature, the executive, and the judiciary
⦿Independence of Judiciary.
⦿Parliamentary system.
⦿Judicial review
⦿The rule of law
⦿Freedom and dignity of the individual
⦿Harmony and balance between Fundamental Rights and Directive Principles
⦿Principle of equality
⦿Free and fair elections
⦿Powers of the Supreme Court under Articles 32, 136, 141 and 142.
⦿Powers of the High Courts under Articles 226 and 227.
⦿Fundamental rights.
⦿Limited power of Parliament to amend the Constitution.