Basic Structure of the Constitution

1.Emergence of the Basic Structure

• Can Parliament Amend Fundamental Rights? (Shankari Prasad, Sajjan Singh)Importance 4/5
  Can a constitutional amendment take away a Fundamental Right without being void under Article 13? Understand what the Supreme Court held in the Shankari Prasad case (1951), which right the challenged First Amendment Act had cut down, and what the Court said the word 'law' in Article 13 covers. Remember that the Sajjan Singh case (1964) took the same view.
• Golak Nath Case (1967)Importance 5/5
  How did the Golak Nath case (1967) reverse the earlier stand? Know the challenge to the Seventeenth Amendment Act (1964) and its link to the Ninth Schedule. Remember the phrase the Court used for the position of Fundamental Rights, and understand what it held about amendments and Article 13. Also know the size of the bench and the doctrine of prospective overruling that it applied.
• 24th Amendment Act (1971)Importance 4/5
  The 24th Amendment Act (1971) was Parliament's reply to the Golak Nath judgment. Remember the two Articles it amended, and understand what it declared about Parliament's power over Fundamental Rights and about Article 13.
• Kesavananda Bharati Case (1973) and the Basic Structure DoctrineImportance 5/5UPSC 2019, 2020
  What did the Supreme Court decide in the Kesavananda Bharati case (1973)? Know the size of the bench and of the majority, which earlier judgment it overruled, which amendment it upheld, and the new doctrine it laid down as a limit on Parliament's constituent power under Article 368. Be clear about both results: what Parliament could now amend, and what it could not alter. Remember the exact date of the judgment, because a later case depends on it.
• Indira Nehru Gandhi Case (1975)Importance 4/5
  In the Indira Nehru Gandhi case (1975), the Court applied the basic structure doctrine to a constitutional amendment. Which provision of the 39th Amendment Act (1975) did it strike down, and whose election disputes did that provision keep away from the courts? Understand why the Court held it to be beyond Parliament's amending power.
• 42nd Amendment Act (1976) and Article 368Importance 4/5
  Parliament's second reply to the courts came through the 42nd Amendment Act (1976), which changed Article 368. Understand its two declarations: one about the limits of Parliament's constituent power, and one about whether any court could question an amendment.
• Minerva Mills Case (1980)Importance 5/5
  The Minerva Mills case (1980) struck down two provisions of the 42nd Amendment: the clauses it added to Article 368, and its extension of Article 31C. Understand which basic feature each provision harmed. You should be able to explain the Court's reasoning that a limited amending power cannot be turned into an unlimited one, and why that limited power is itself a basic feature.
• Waman Rao Case (1980)Importance 4/5
  What did the Waman Rao case add to the basic structure doctrine? Remember the cut-off date it fixed for applying the doctrine to constitutional amendments, and understand why that particular date was chosen.

2.Elements of the Basic Structure

• Present Position on the Amending PowerImportance 5/5UPSC 2019
  Where does the law stand today on Parliament's power to amend under Article 368? Understand which parts of the Constitution Parliament can amend, including Fundamental Rights, and the one limit on that power. Be clear that the Supreme Court has not given a complete definition of the basic structure, so its elements have come out of individual judgments over time. The doctrine is still applied: know which amendment the Court struck down in the NJAC case (2015), and which basic feature it violated.
• Basic Features of the ConstitutionImportance 5/5
  Know the basic features recognised so far in Supreme Court judgments (features about the nature of the Indian polity, the working of government, the judiciary, rights and elections). Learn them well enough to recognise each one, and remember that this list is not closed.
• Powers of the Supreme Court and High Courts as Basic FeaturesImportance 3/5
  Which Articles give the Supreme Court and the High Courts the powers that count as basic features? Remember the Articles for each court and what each Article deals with.
• Elements Declared in the Kesavananda Bharati CaseImportance 4/5
  Remember the elements of the basic structure that judges identified in the Kesavananda Bharati case (1973), the case that first set out the basic features. Be aware that the judges wrote separate opinions and did not all list the same features.
• Elements Declared in the Indira Nehru Gandhi CaseImportance 3/5
  Learn the elements identified in the Indira Nehru Gandhi case (1975). As in Kesavananda Bharati, the judges did not all agree on them. Notice which of them do not appear among the Kesavananda Bharati elements.
• Elements Declared in the Minerva Mills CaseImportance 4/5
  Minerva Mills (1980) declared three elements. Know all three, and be clear about the one that concerns Fundamental Rights and Directive Principles.
• Basic Structure Cases from 1980 to 1993Importance 3/5
  Between 1980 and 1993 a series of cases each declared one or two elements: Central Coal Fields, Bhim Singhji, S.P. Sampath Kumar, P. Sambamurthy, Delhi Judicial Service Association, Indra Sawhney, Kumar Padma Prasad, Kihoto Hollohan and Raghunath Rao. Remember the element or elements that go with each case.
• S.R. Bommai Case (1994) and Its ElementsImportance 4/5
  S.R. Bommai (1994) declared six elements in a single judgment. What are they? Remember all six.
• L. Chandra Kumar Case (1997)Importance 4/5
  What did the L. Chandra Kumar case (1997) declare to be a basic feature? Remember the Articles involved and which court's powers they concern.
• Basic Structure Cases from 1999 to 2006 (Indra Sawhney II, All India Judges' Association, Kuldip Nayar, M. Nagaraj)Importance 3/5
  For each of these cases, know the element it declared: Indra Sawhney II (1999), All India Judges' Association, Kuldip Nayar (2006) and M. Nagaraj (2006). Note that two of them declared the same element.
• I.R. Coelho Case (2007) and the Ninth ScheduleImportance 5/5
  Which five elements did the I.R. Coelho case (2007) declare? Understand what it held about laws added to the Ninth Schedule on or after the cut-off date fixed in the Waman Rao case.
• Basic Structure Cases from 2011 to 2014 (Ram Jethmalani, Namit Sharma, Madras Bar Association)Importance 2/5
  Ram Jethmalani (2011), Namit Sharma (2012) and Madras Bar Association (2014) each declared one or two elements. Know which element goes with which case.
• Popular Names of Basic Structure CasesImportance 3/5
  Several basic structure cases are better known by popular names. Which cases are called the Fundamental Rights Case, the Election Case, the Mandal Case, the Defection Case and the IX Schedule Case?
• Elements Upheld Repeatedly Across CasesImportance 3/5
  Some elements, such as judicial review, were declared in case after case. Which other elements come up again and again? Notice also that one idea can appear in different words (independence of the judiciary and an independent judicial system). Under which wider features do democracy and social justice fall?

1. 1.

   With reference to the Shankari Prasad case (1951), consider the following statements:
   1. The Supreme Court ruled that Parliament's power under Article 368 includes the power to amend Fundamental Rights.
   2. The Supreme Court ruled that the word 'law' in Article 13 includes constitutional amendment acts.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
2. 2.

   Match List I with List II:

   List I (Case)	List II (Holding)
   A. Shankari Prasad (1951)	1. Laid down the doctrine of the 'basic structure'
   B. Golak Nath (1967)	2. The doctrine applies to amendments enacted after 24 April 1973
   C. Kesavananda Bharati (1973)	3. A constitutional amendment is not 'law' under Article 13
   D. Waman Rao (1980)	4. Fundamental Rights have a 'transcendental and immutable' position

   Select the correct answer using the code given below:

   1. AA-4, B-3, C-1, D-2
   2. BA-3, B-4, C-2, D-1
   3. CA-3, B-4, C-1, D-2
   4. DA-4, B-3, C-2, D-1
3. 3.

   Consider the following statements:
   Statement-I: In the Minerva Mills case (1980), the Supreme Court invalidated the provision of the 42nd Amendment Act that no constitutional amendment can be questioned in any court on any ground.
   Statement-II: Judicial review is a 'basic feature' of the Constitution.
   Which one of the following is correct in respect of the above statements?

   1. ABoth Statement-I and Statement-II are correct and Statement-II explains Statement-I
   2. BBoth Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
   3. CStatement-I is correct but Statement-II is incorrect
   4. DStatement-I is incorrect but Statement-II is correct
4. 4.

   Consider the following:
   1. Judicial review
   2. Free and fair elections
   3. Parliamentary system
   4. Right to property
   How many of the above have emerged as elements of the 'basic structure' of the Constitution?

   1. AOnly one
   2. BOnly two
   3. COnly three
   4. DAll four
5. 5.

   Consider the following pairs:

   Case	Element of basic structure declared
   1. Kihoto Hollohan (1992)	Free and fair elections
   2. L. Chandra Kumar (1997)	Powers of the High Courts under Articles 226 and 227
   3. Central Coal Fields Ltd. (1980)	Effective access to justice

   Which of the pairs given above is/are correctly matched?

   1. A1 only
   2. B1 and 2 only
   3. C2 and 3 only
   4. D1, 2 and 3
6. 6.

   Consider the following statements:
   1. In the Indira Nehru Gandhi case (1975), the Supreme Court invalidated a provision of the 39th Amendment Act that kept election disputes involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of all courts.
   2. In the Sajjan Singh case (1964), the Supreme Court held that a constitutional amendment act is a law within the meaning of Article 13.
   3. The Supreme Court has precisely defined what constitutes the 'basic structure' of the Constitution.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B1 and 2 only
   3. C2 and 3 only
   4. D1, 2 and 3
7. 7.

   In the Golak Nath case (1967), the constitutional validity of which one of the following, which inserted certain state acts in the Ninth Schedule, was challenged?

   1. AFirst Amendment Act
   2. BFourth Amendment Act
   3. CSeventeenth Amendment Act
   4. DTwenty-fourth Amendment Act
8. 8.

   Consider the following:
   1. Federalism
   2. Secularism
   3. Democracy
   4. Social justice
   How many of the above were declared elements of the basic structure in the S.R. Bommai case (1994)?

   1. AOnly one
   2. BOnly two
   3. COnly three
   4. DAll four
9. 9.

   Consider the following statements:
   Statement-I: Parliament cannot, under Article 368, expand its amending power so as to acquire the right to repeal or abrogate the Constitution.
   Statement-II: The 24th Amendment Act (1971) amended Articles 13 and 368.
   Which one of the following is correct in respect of the above statements?

   1. ABoth Statement-I and Statement-II are correct and Statement-II explains Statement-I
   2. BBoth Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
   3. CStatement-I is correct but Statement-II is incorrect
   4. DStatement-I is incorrect but Statement-II is correct
10. 10.

    With reference to the Kesavananda Bharati case (1973), consider the following statements:
    1. The Supreme Court struck down the 24th Amendment Act (1971).
    2. The Supreme Court held that Parliament cannot abridge or take away any of the Fundamental Rights.
    Which of the statements given above is/are correct?

    1. A1 only
    2. B2 only
    3. CBoth 1 and 2
    4. DNeither 1 nor 2

1. 1.

   UPSC 2019

   Consider the following statements :
   1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
   2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
2. 2.

   UPSC 2019

   With reference to the Constitution of India, consider the following statements :
   1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
   2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
3. 3.

   UPSC 2020

   Consider the following statements :
   1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
   2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
   Which of the statements given above is/are correct ?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2