The Basic Structure Doctrine

3.1 Backdrop — The Privy Purse Abolition and Land Reforms

The Basic Structure Doctrine did not emerge in a vacuum. The Government led by Indira Gandhi attempted a series of sweeping changes that were challenged in courts:

• Nationalised banks (1969) — challenged and struck down in R.C. Cooper v. Union of India (1970)
• Abolished Privy Purses of former rulers — the 26th Constitutional Amendment (1971) was challenged
• Implemented land reforms — multiple state laws struck down for violating property rights

The political response was the 24th Amendment (1971) affirming Parliament's power to amend any provision, and the 25th Amendment (1971) protecting land reform laws. These set the stage for Kesavananda Bharati.

3.2 Kesavananda Bharati v. State of Kerala (1973)

The case arose from a challenge to Kerala land reform laws by the head of a religious mutt (Swami Kesavananda Bharati). The 13-judge constitutional bench, in a decision occupying 703 pages, held by a 7:6 majority:

• Parliament has the power to amend the Constitution including Fundamental Rights under Article 368
• Parliament cannot use this amending power to abrogate or destroy the Basic Structure or essential features
• The 24th Amendment was upheld as valid
• Article 31C (25th Amendment) was upheld only partially — the part excluding judicial review was struck down

What constitutes Basic Structure? (Partial list from Kesavananda):

• Supremacy of the Constitution
• Republican and democratic form of government
• Secular character of the Constitution
• Separation of powers
• Federal character
• Judicial review
• Rule of law

Subsequent additions to Basic Structure by later cases:

• Free and fair elections (Indira Gandhi v. Raj Narain, 1975)
• Independence of judiciary (S.P. Gupta, 1981; Second Judges' Case, 1993)
• Unity and integrity of India
• Parliamentary democracy with bicameral Parliament
• Fundamental Rights (including Article 32)
• Balance between Fundamental Rights and DPSPs (Minerva Mills, 1980)

3.3 The 39th Amendment Test — Indira Gandhi v. Raj Narain (1975)

The government passed the 39th Amendment (1975) during the Emergency, placing the election of the Prime Minister and Speaker outside the purview of judicial review. The Supreme Court in Indira Gandhi v. Raj Narain (1975) struck down this provision. It held that free and fair elections and judicial review are part of the Basic Structure. This was the first application of the Kesavananda doctrine to strike down a specific constitutional amendment.

3.4 Minerva Mills v. Union of India (1980)

The 42nd Amendment had granted primacy to ALL DPSPs over Articles 14, 19, and 31. The Supreme Court struck down the expanded Article 31C on two grounds:

• The balance between Fundamental Rights and DPSPs is itself part of the Basic Structure
• Parliament cannot grant unlimited amending power to itself — Clauses (4) and (5) of the 42nd Amendment, which excluded any constitutional amendment from judicial scrutiny, were declared unconstitutional

3.5 The NJAC Case — Supreme Court Advocates-on-Record Association v. Union of India (2015)

The 99th Constitutional Amendment (2014) established the National Judicial Appointments Commission (NJAC) to replace the collegium system for judicial appointments. The Supreme Court struck down the NJAC in 2015 by a 4:1 majority. It held that the independence of the judiciary is part of the Basic Structure, and the NJAC — by involving the Law Minister and two eminent persons in judicial appointments — compromised that independence.

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