Why this matters now
The Basic Structure doctrine is the bedrock of every constitutional-law question in UPSC. It is the test under which every subsequent constitutional amendment is scrutinised, and it has been invoked in every major federalism, judicial-review and rights case for half a century.
Facts: a mutt and a land-reform law
Swami Kesavananda Bharati Sripadagalvaru, the head of the Edneer Mutt in Kasaragod district of Kerala, challenged the Kerala Land Reforms Act 1969 (and 1971 amendment) which sought to take over religious-property holdings. He invoked Articles 25, 26 (religious freedom), 14, 19(1)(f) (property) and 26. The case became the vehicle to test the 24th, 25th and 29th Constitutional Amendments that the Indira Gandhi government had passed to overcome Golak Nath (1967).
The 7:6 verdict
A 13-judge Constitution Bench heard the case for 68 days — the longest hearing in SC history. The decision was delivered on 24 April 1973. The pronouncements:
- Article 368 amending power upheld in PRINCIPLE — Parliament can amend any provision INCLUDING Fundamental Rights. Overruled Golak Nath (1967).
- But Parliament cannot destroy the “basic structure” of the Constitution — BY 7:6.
- Majority judges: Sikri (CJI), Shelat, Grover, Hegde, Mukherjea, Reddy, H.R. Khanna.
- Dissent: Ray, Beg, Mathew, Dwivedi, Palekar, Chandrachud Sr.
- The crucial seventh majority vote was Justice H.R. Khanna — who accepted the basic-structure limit but rejected most of the specific arguments. Without him there is no Kesavananda Bharati.
- Indira Gandhi’s government denounced the verdict and overruled the judges: Justice Ray (most junior) was superseded over three senior judges (Shelat, Grover, Hegde) to be appointed CJI the same day. The senior three resigned in protest — the “judicial supersession of 1973”.
Examples of “basic structure”
The judgment did NOT define an exhaustive list. Different judges gave different illustrative examples; later cases added more:
- Supremacy of the Constitution
- Republican and democratic form of government
- Secularism (clarified in S.R. Bommai 1994)
- Separation of powers
- Federal character
- Unity and integrity of India
- Judicial review (Minerva Mills 1980)
- Rule of law
- Sovereign, democratic, republican structure
- Free and fair elections (Indira Nehru Gandhi v. Raj Narain 1975)
- Independence of the judiciary (Second Judges Case 1993)
- Effective access to justice
- Welfare State
- Harmony between FRs and DPSPs (Minerva Mills)
Aftermath: applied for 50+ years
The doctrine has been used to strike down or limit constitutional amendments in:
- Indira Nehru Gandhi v. Raj Narain (1975) — election-immunity provision in 39th Amendment struck down (free & fair elections is basic structure).
- Minerva Mills v. Union of India (1980) — 42nd Amendment Article 368(4)/(5) struck down.
- Waman Rao v. Union of India (1981) — Ninth Schedule entries after 24 April 1973 (Kesavananda date) ARE subject to basic-structure test (consolidated in I.R. Coelho 2007).
- S.R. Bommai (1994) — secularism & federalism added to basic structure.
- NJAC case (2015) — 99th Amendment striking down independence of judiciary; struck down.
UPSC angle
Know Kesavananda Bharati v. State of Kerala 1973 — 13-judge bench (largest ever), 68 days hearing, 7:6 verdict 24 April 1973; petitioner Swami Kesavananda Bharati Sripadagalvaru of Edneer Mutt Kerala challenging Kerala Land Reforms Act + 24th/25th/29th Amendments; UPHELD Article 368 amending power, OVERRULED Golak Nath 1967; PROPOUNDED BASIC STRUCTURE DOCTRINE; majority Sikri CJI/Shelat/Grover/Hegde/Mukherjea/Reddy/HR Khanna (the crucial 7th); dissent Ray/Beg/Mathew/Dwivedi/Palekar/Chandrachud Sr; judicial supersession of 1973 (Ray made CJI bypassing Shelat/Grover/Hegde who resigned).
Frequently asked questions
What is the Basic Structure doctrine?
Parliament can amend any provision of the Constitution under Article 368 but cannot destroy or damage its “basic structure” — a doctrine propounded in Kesavananda Bharati 1973 by a 7:6 majority.
Did Kesavananda Bharati overrule Golak Nath?
Yes — it overruled the 1967 Golak Nath ruling that Parliament cannot amend Fundamental Rights at all, but instead imposed the new “basic structure” limit.
Who cast the deciding 7th vote?
Justice H.R. Khanna — without his concurrence on the basic-structure limit, there would have been no majority for the doctrine.
Is “basic structure” defined exhaustively in the Constitution?
No — it has been built up case-by-case. Examples include supremacy of Constitution, democracy, federalism, secularism, judicial review, rule of law, free and fair elections, independence of judiciary.