Basic Structure Doctrine – Complete Analysis, Landmark Cases & 50 MCQs
The Basic Structure Doctrine is one of the most important concepts in Indian Polity and a favourite topic in SSC, UPSC, WBCS, Judiciary and other competitive exams. It acts as a constitutional safeguard that prevents Parliament from altering the core philosophy of the Constitution of India.
This doctrine ensures that while Parliament has wide powers to amend the Constitution under Article 368, it cannot destroy or damage the essential features that form the identity of the Constitution. The concept evolved through judicial interpretation and reached its peak in the historic Kesavananda Bharati case of 1973.
What is Basic Structure Doctrine?
The Basic Structure Doctrine is a judicial principle developed by the Supreme Court of India which states that the Parliament cannot amend the basic features of the Constitution. Even though Article 368 gives Parliament the power to amend the Constitution, this power is not unlimited.
In simple words, Parliament can amend any part of the Constitution, but it cannot alter its fundamental identity or destroy its core framework. If any constitutional amendment violates the basic structure, the Supreme Court can declare it unconstitutional.
Simple Definition
The Basic Structure Doctrine means that certain core features of the Constitution are beyond the amending power of Parliament.
Origin of Basic Structure Doctrine
The doctrine did not exist in the original Constitution. It evolved through a series of Supreme Court judgments dealing with the scope of Parliament’s amending power.
Key Phases of Evolution
- Shankari Prasad Case (1951) – Parliament’s power to amend was upheld.
- Sajjan Singh Case (1965) – Same view continued.
- Golak Nath Case (1967) – Parliament’s power was restricted.
- Kesavananda Bharati Case (1973) – Basic Structure Doctrine established.
- Minerva Mills Case (1980) – Doctrine strengthened.
Among these, the Kesavananda Bharati case is considered the turning point in Indian constitutional history.
Kesavananda Bharati Case (1973) – Landmark Judgment
The Basic Structure Doctrine was formally propounded in the historic Kesavananda Bharati vs State of Kerala (1973) case. This case is regarded as the most important constitutional case in India.
Background
Kesavananda Bharati, the head of a religious mutt in Kerala, challenged the constitutional validity of certain land reform laws. During the hearing, the larger question arose — Does Parliament have unlimited power to amend the Constitution?
Supreme Court Verdict
- The Court held that Parliament can amend the Constitution.
- However, Parliament cannot alter the basic structure.
- The judgment was delivered by a 13-judge bench (largest ever).
- The verdict was given by a narrow 7:6 majority.
What are the Elements of Basic Structure?
The Supreme Court did not provide an exhaustive list. Instead, it has identified features case by case. Some widely accepted basic features are:
- Supremacy of the Constitution
- Rule of Law
- Judicial Review
- Separation of Powers
- Federalism
- Secularism
- Democracy
- Republican form of government
- Unity and integrity of India
- Free and fair elections
- Independence of judiciary
- Parliamentary system
Importance of Basic Structure Doctrine
The doctrine plays a crucial role in maintaining constitutional balance and preventing misuse of parliamentary power.
Key Significance
- Protects the core philosophy of the Constitution
- Prevents authoritarian amendments
- Maintains constitutional supremacy
- Strengthens judicial review
- Preserves democracy and federalism
Important Supreme Court Cases Related to Basic Structure
| Case | Year | Contribution |
|---|---|---|
| Shankari Prasad | 1951 | Parliament’s power upheld |
| Golak Nath | 1967 | Amending power restricted |
| Kesavananda Bharati | 1973 | Doctrine established |
| Indira Gandhi Case | 1975 | Free and fair elections added |
| Minerva Mills | 1980 | Doctrine strengthened |
50 Important MCQs on Basic Structure Doctrine (With Detailed Explanation)
Practice these high-quality exam-oriented MCQs for UPSC, SSC, WBCS and other competitive exams.
- The Basic Structure Doctrine was established in which case?
A) Golak Nath
B) Kesavananda Bharati
C) Minerva Mills
D) Shankari Prasad
Answer: Kesavananda Bharati
Explanation: The Supreme Court propounded the Basic Structure Doctrine in the Kesavananda Bharati vs State of Kerala case (1973), limiting Parliament’s amending power. - In which year was the Kesavananda Bharati judgment delivered?
A) 1967
B) 1971
C) 1973
D) 1980
Answer: 1973
Explanation: The landmark judgment was delivered on 24 April 1973 by a 13-judge bench. - Which Article gives Parliament the power to amend the Constitution?
A) Article 356
B) Article 368
C) Article 32
D) Article 226
Answer: Article 368
Explanation: Article 368 lays down the procedure and power of Parliament to amend the Constitution. - The Basic Structure Doctrine is a creation of which body?
A) Parliament
B) President
C) Supreme Court
D) Law Commission
Answer: Supreme Court
Explanation: The doctrine is a judicial innovation developed through constitutional interpretation. - Which case first restricted Parliament’s unlimited amending power?
A) Shankari Prasad
B) Golak Nath
C) Kesavananda Bharati
D) Minerva Mills
Answer: Golak Nath
Explanation: In 1967, the Golak Nath case held that Parliament could not amend Fundamental Rights, leading to further constitutional debate. - How many judges were on the Kesavananda Bharati bench?
A) 7
B) 9
C) 11
D) 13
Answer: 13
Explanation: It was the largest constitutional bench in Indian history. - What was the majority in the Kesavananda judgment?
A) 6:5
B) 7:6
C) 8:5
D) Unanimous
Answer: 7:6
Explanation: The doctrine was established by a very narrow majority. - Is the Basic Structure Doctrine explicitly mentioned in the Constitution?
A) Yes
B) No
C) Partially
D) Only in amendments
Answer: No
Explanation: It is not written in the Constitution; it is a judicially evolved principle. - Which of the following is part of the basic structure?
A) Judicial Review
B) Parliamentary sovereignty absolute
C) Presidential dictatorship
D) None
Answer: Judicial Review
Explanation: Judicial review is one of the core features protected by the doctrine. - The Basic Structure Doctrine mainly limits whose power?
A) President
B) Parliament
C) Prime Minister
D) Governor
Answer: Parliament
Explanation: It prevents Parliament from damaging the Constitution’s core features. - Which case added “Free and Fair Elections” to the basic structure?
A) Minerva Mills
B) Indira Gandhi case
C) Golak Nath
D) SR Bommai
Answer: Indira Gandhi case
Explanation: The Supreme Court held free and fair elections as part of the basic structure. - Which 1980 case strengthened the Basic Structure Doctrine?
A) Kesavananda
B) Minerva Mills
C) Shankari Prasad
D) Berubari
Answer: Minerva Mills
Explanation: The Court reaffirmed limits on Parliament’s amending power. - Can Parliament amend Fundamental Rights?
A) No
B) Yes, without limit
C) Yes, but not basic structure
D) Only with President’s approval
Answer: Yes, but not basic structure
Explanation: Amendments are allowed but cannot damage basic features. - Who is called the guardian of the Constitution?
A) Parliament
B) Supreme Court
C) President
D) Election Commission
Answer: Supreme Court
Explanation: The Court protects the Constitution through judicial review. - Federalism is considered part of?
A) Directive Principles
B) Basic Structure
C) Preamble only
D) Ordinary law
Answer: Basic Structure
Explanation: The federal character of India is a core feature. - Secularism is part of the basic structure?
A) Yes
B) No
C) Only implied
D) Only in Preamble
Answer: Yes
Explanation: The Supreme Court has repeatedly affirmed secularism as basic structure. - Rule of Law belongs to which category?
A) Basic Structure
B) DPSP
C) Fundamental Duty
D) Schedule
Answer: Basic Structure
Explanation: Rule of law ensures equality before law and limits arbitrary power. - Which body can strike down a constitutional amendment?
A) Parliament
B) Supreme Court
C) President
D) NITI Aayog
Answer: Supreme Court
Explanation: Through judicial review, the Court can invalidate amendments. - The Basic Structure Doctrine primarily protects what?
A) Government
B) Constitutional identity
C) Political parties
D) Elections only
Answer: Constitutional identity
Explanation: It preserves the core framework of the Constitution. - Kesavananda Bharati case originated from which state?
A) Tamil Nadu
B) Kerala
C) Karnataka
D) Gujarat
Answer: Kerala
Explanation: The dispute arose from Kerala land reform laws. - Which of the following best describes the Basic Structure Doctrine?
A) Parliament cannot amend the Constitution
B) Parliament can amend any part without limit
C) Parliament can amend but cannot destroy basic features
D) Only President can amend Constitution
Answer: C) Parliament can amend but cannot destroy basic features
Explanation: The doctrine limits Parliament’s amending power under Article 368. - Judicial Review is protected under which principle?
A) Directive Principles
B) Basic Structure Doctrine
C) Fundamental Duties
D) Seventh Schedule
Answer: B) Basic Structure Doctrine
Explanation: Judicial review is a core feature identified by the Supreme Court. - Can Parliament abolish the independence of judiciary?
A) Yes
B) No
C) Only during emergency
D) Only by referendum
Answer: B) No
Explanation: Independence of judiciary is part of the basic structure and cannot be removed. - Which feature ensures India remains a democratic country?
A) Preamble only
B) Basic Structure Doctrine
C) Ordinance power
D) Finance Commission
Answer: B) Basic Structure Doctrine
Explanation: Democracy is one of the essential basic features protected by the doctrine. - The independence of judiciary is considered:
A) Ordinary law
B) Directive Principle
C) Basic Structure feature
D) Temporary provision
Answer: C) Basic Structure feature
Explanation: Courts must remain independent to maintain constitutional balance. - The Basic Structure Doctrine mainly applies to:
A) Ordinary bills
B) Constitutional amendments
C) State laws only
D) Ordinances only
Answer: B) Constitutional amendments
Explanation: The doctrine limits Parliament’s power under Article 368. - The doctrine prevents Parliament from:
A) Making laws
B) Amending schedules
C) Destroying the Constitution’s core identity
D) Passing money bills
Answer: C) Destroying the Constitution’s core identity
Explanation: It preserves the essential framework of the Constitution. - Unity and integrity of India is:
A) Not protected
B) A basic structure element
C) Only in DPSP
D) Only in Preamble
Answer: B) A basic structure element
Explanation: The Supreme Court has recognized it as a core feature. - The parliamentary system in India is protected under:
A) Basic Structure
B) Schedule VII
C) Ordinance power
D) Finance Act
Answer: A) Basic Structure
Explanation: Parliamentary democracy is part of the Constitution’s basic framework. - Who has the final authority to interpret the Constitution?
A) Parliament
B) Supreme Court
C) President
D) Election Commission
Answer: B) Supreme Court
Explanation: The Supreme Court is the ultimate interpreter of the Constitution. - Is the list of basic structure features exhaustive?
A) Yes
B) No
C) Only partly
D) Fixed by Parliament
Answer: B) No
Explanation: The Court adds new features case by case. - The Basic Structure Doctrine evolved through:
A) Constitutional amendment
B) Judicial interpretation
C) Presidential order
D) Parliamentary resolution
Answer: B) Judicial interpretation
Explanation: It is judge-made law developed by the Supreme Court. - Article 368 of the Constitution deals with:
A) Emergency provisions
B) Constitutional amendment
C) Fundamental Rights
D) Elections
Answer: B) Constitutional amendment
Explanation: It provides the procedure and power to amend the Constitution. - The Basic Structure Doctrine protects which balance?
A) Centre–State balance
B) Judiciary–Executive balance
C) Constitutional balance
D) All of the above
Answer: D) All of the above
Explanation: The doctrine preserves multiple constitutional balances. - Free and fair elections are part of:
A) DPSP
B) Basic Structure
C) Schedule VIII
D) Ordinance power
Answer: B) Basic Structure
Explanation: Recognized in the Indira Gandhi election case. - Supremacy of the Constitution is:
A) Optional feature
B) Basic structure element
C) State subject
D) Political convention
Answer: B) Basic structure element
Explanation: The Constitution remains the supreme law of the land. - The Basic Structure Doctrine acts as a:
A) Political tool
B) Constitutional safeguard
C) Financial law
D) Administrative rule
Answer: B) Constitutional safeguard
Explanation: It protects the Constitution from destructive amendments. - The Kesavananda Bharati judgment mainly limited:
A) President’s power
B) Parliament’s amending power
C) Governor’s power
D) Election Commission
Answer: B) Parliament’s amending power
Explanation: It imposed substantive limits under Article 368. - The Basic Structure Doctrine is an example of:
A) Statutory law
B) Judge-made law
C) Customary law
D) Ordinance
Answer: B) Judge-made law
Explanation: It was created through Supreme Court interpretation. - The primary purpose of the Basic Structure Doctrine is to:
A) Increase Parliament’s power
B) Protect the Constitution’s core identity
C) Remove judicial review
D) Strengthen ordinances
Answer: B) Protect the Constitution’s core identity
Explanation: The doctrine ensures the Constitution’s essential philosophy remains intact.
- Which of the following best explains why the Basic Structure Doctrine is important?
A) It increases executive power
B) It protects the core identity of the Constitution
C) It removes judicial review
D) It limits Fundamental Rights
Answer: B) It protects the core identity of the Constitution
Explanation: The doctrine ensures that Parliament cannot alter the essential features that give the Constitution its identity. - The power of judicial review under the Basic Structure Doctrine is mainly exercised by:
A) Parliament
B) Supreme Court
C) President
D) Finance Commission
Answer: B) Supreme Court
Explanation: The Supreme Court uses judicial review to strike down amendments that violate the basic structure. - Which feature ensures balance between Centre and States in India?
A) Unitary system
B) Federalism
C) Ordinance power
D) Emergency provisions
Answer: B) Federalism
Explanation: Federalism is part of the basic structure and maintains Centre–State balance. - Which of the following statements is correct regarding the Basic Structure Doctrine?
A) It completely bans constitutional amendments
B) It allows unlimited amendment power
C) It permits amendments without destroying basic features
D) It applies only during emergency
Answer: C) It permits amendments without destroying basic features
Explanation: Parliament can amend the Constitution but cannot damage its core framework. - The concept of “limited amending power” was primarily emphasized in:
A) Shankari Prasad case
B) Kesavananda Bharati case
C) Berubari case
D) AK Gopalan case
Answer: B) Kesavananda Bharati case
Explanation: The Court held that Article 368 gives wide but not unlimited amending power. - Which among the following is NOT consistent with the Basic Structure Doctrine?
A) Constitutional supremacy
B) Judicial review
C) Absolute parliamentary sovereignty
D) Federal character
Answer: C) Absolute parliamentary sovereignty
Explanation: In India, Parliament is not supreme in the British sense because of constitutional limits. - The Basic Structure Doctrine ultimately strengthens:
A) Authoritarian rule
B) Constitutional democracy
C) Military control
D) Executive dominance
Answer: B) Constitutional democracy
Explanation: It preserves democratic values and constitutional governance. - Which branch benefits most from the Basic Structure Doctrine?
A) Legislature only
B) Executive only
C) Judiciary as constitutional guardian
D) Local bodies only
Answer: C) Judiciary as constitutional guardian
Explanation: The doctrine empowers courts to protect the Constitution. - The doctrine acts as a check on which constitutional provision?
A) Article 32
B) Article 368
C) Article 356
D) Article 370
Answer: B) Article 368
Explanation: It limits Parliament’s amending power under Article 368. - The Basic Structure Doctrine is best described as the:
A) Political convention
B) Backbone of constitutional protection
C) Temporary judicial view
D) Ordinary statutory rule
Answer: B) Backbone of constitutional protection
Explanation: It preserves the Constitution’s essential philosophy and prevents destructive amendments.
Frequently Asked Questions (FAQs)
What is the Basic Structure Doctrine in simple words?
It means Parliament can amend the Constitution but cannot destroy its core features such as democracy, federalism, and judicial review.
Which case introduced the Basic Structure Doctrine?
The doctrine was introduced in the Kesavananda Bharati vs State of Kerala case in 1973.
Is the Basic Structure mentioned in the Constitution?
No. It is a judicial principle evolved by the Supreme Court.
Why is Basic Structure Doctrine important?
It prevents Parliament from misusing its amending power and protects the fundamental identity of the Constitution.
Who can declare an amendment unconstitutional?
The Supreme Court of India has the power to strike down amendments that violate the basic structure.
External Resources
- Supreme Court of India – Official Website
- National Portal of India
- Constitution of India – Legislative Department
- Basic Structure Doctrine – Reference
Conclusion
The Basic Structure Doctrine stands as the backbone of India’s constitutional democracy. It strikes a perfect balance between Parliament’s power to amend and the need to preserve constitutional identity. For competitive exam aspirants, mastering this topic — especially landmark cases and core features — can significantly improve Polity scores.