Fundamental Rights in India

The Fundamental Rights in India are enshrined in Part III of the Constitution of India
(Articles 12 to 35). These rights are considered essential for the development and protection
of individuals in a democratic society. They protect citizens against arbitrary actions of the
state and aim to promote the ideals of equality, liberty, and justice.
1. Right to Equality (Articles 14–18)
The Right to Equality ensures that every individual is treated equally before the law and
protects against discrimination on various grounds.
 Article 14: Equality before law and equal protection of the laws. It guarantees that
all individuals, whether citizens or foreigners, are equal before the law.
 Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place
of birth. However, it allows for special provisions for women, children, backward
classes, and socially and educationally disadvantaged groups.
 Article 16: Guarantees equality of opportunity in matters of public employment. It
prohibits discrimination in employment under the state but allows for reservations for
backward classes, SCs, STs, and other disadvantaged groups.
 Article 17: Abolishes untouchability and forbids its practice in any form.
 Article 18: Abolishes titles, except for military or academic distinctions. It prohibits
Indian citizens from accepting titles from foreign states.
2. Right to Freedom (Articles 19–22)
The Right to Freedom guarantees various individual liberties that are necessary for personal
development and democratic governance.
 Article 19: Guarantees six fundamental freedoms to citizens:
1. Freedom of speech and expression.
2. Freedom to assemble peacefully and without arms.
3. Freedom to form associations or unions.
4. Freedom to move freely throughout the territory of India.
5. Freedom to reside and settle in any part of India.
6. Freedom to practice any profession or carry out any trade, occupation, or
business. However, these freedoms are subject to reasonable restrictions in the
interest of sovereignty, integrity, public order, morality, etc.
 Article 20: Provides protection in respect of conviction for offenses. It includes:
o Protection against ex post facto laws (no retrospective punishment).
o Protection against double jeopardy (cannot be tried for the same offense
twice).
o Protection against self-incrimination.
 Article 21: Guarantees the right to life and personal liberty, which cannot be
deprived except by a procedure established by law. Over time, the Supreme Court has
expanded this article to include several derivative rights, such as:
o Right to privacy.
o Right to a clean environment.
o Right to health and education.
 Article 21A: Guarantees the right to education. It mandates free and compulsory
education for children between the ages of 6 and 14.
 Article 22: Provides protection against arbitrary arrest and detention. It grants certain
rights to people who are arrested, such as:
 o The right to be informed of the reasons for the arrest.
o The right to consult and be defended by a legal practitioner.
o Protection from being detained for more than 24 hours without judicial
authority.
3. Right against Exploitation (Articles 23–24)
The Right against Exploitation prohibits human trafficking, forced labor, and child labor.
 Article 23: Prohibits trafficking in human beings, begar (forced labor), and other
forms of forced labor. Exceptions are made for compulsory service for public
purposes.
 Article 24: Prohibits the employment of children below the age of 14 years in
factories, mines, or other hazardous employment.
4. Right to Freedom of Religion (Articles 25–28)
The Right to Freedom of Religion guarantees religious freedom and safeguards the secular
nature of the Indian state.
 Article 25: Guarantees freedom of conscience and the right to freely profess,
practice, and propagate religion, subject to public order, morality, and health.
 Article 26: Grants every religious denomination the right to manage its own
religious affairs, establish institutions, and acquire property.
 Article 27: Prohibits the state from compelling any individual to pay taxes for the
promotion or maintenance of any particular religion.
 Article 28: Prohibits religious instruction in educational institutions wholly
maintained by state funds. However, institutions administered by religious groups can
provide religious education.
5. Cultural and Educational Rights (Articles 29–30)
The Cultural and Educational Rights aim to preserve the rights of minorities to protect their
culture, language, and educational interests.
 Article 29: Protects the interests of minorities by guaranteeing the right to conserve
their language, script, and culture. It also prohibits discrimination in state-run
educational institutions on the grounds of religion, race, caste, or language.
 Article 30: Grants all minorities the right to establish and administer educational
institutions of their choice. The state cannot discriminate against such institutions in
matters of grants or aid.
6. Right to Constitutional Remedies (Article 32)
 Article 32 is the "heart and soul" of the Constitution, as described by Dr. B.R.
Ambedkar. It guarantees the right to approach the Supreme Court or High Courts to
enforce fundamental rights.
 The Supreme Court can issue writs like habeas corpus, mandamus, prohibition,
quo warranto, and certiorari to enforce the rights of citizens.
 Article 32 is considered a fundamental right in itself because it provides the
mechanism for protecting and enforcing all other rights.

7. Suspension of Fundamental Rights

 Article 358: During a national emergency (under Article 352), the rights guaranteed
by Article 19 can be suspended.
 Article 359: During a national emergency, the President can suspend the right to
move courts for enforcement of other fundamental rights (except Articles 20 and 21).
8. Significance of Fundamental Rights
 Protection of Individual Liberty: Fundamental rights ensure that individuals enjoy a
set of inalienable rights that protect them from arbitrary actions by the state.
 Social Justice and Equality: They promote equality and justice by prohibiting
discrimination and untouchability, ensuring social equity.
 Foundation of Democracy: Fundamental rights are essential for the functioning of a
democratic society, ensuring the freedom of speech, assembly, and participation in
political processes.
 Secularism and Cultural Diversity: By guaranteeing freedom of religion and
protection of cultural rights, the Constitution fosters a pluralistic and secular society.
 Judicial Safeguard: The right to constitutional remedies ensures that citizens can
approach the judiciary if their rights are violated.

Conclusion
Fundamental rights in India form the backbone of the Indian democratic system. They ensure
that the state respects the dignity and freedom of individuals, promoting equality, justice, and
social welfare. By guaranteeing these rights, the Indian Constitution fosters an environment
where citizens can thrive while protecting the rights of minorities and disadvantaged groups.
The right to constitutional remedies further strengthens these protections, making the
judiciary a crucial guardian of fundamental rights.

The Fundamental Duties

The Fundamental Duties of Indian citizens are outlined in Article 51A under Part IV-A of
the Constitution of India. These duties were added by the 42nd Constitutional
Amendment Act, 1976, based on the recommendations of the Swaran Singh Committee,
which was set up to review the Constitution. The Fundamental Duties emphasize the moral
obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of
India.
Initially, there were ten Fundamental Duties, but the 86th Constitutional Amendment
Act, 2002, added an eleventh duty, relating to the provision of education. Although these
duties are non-justiciable (they cannot be enforced by law), they serve as important
guidelines for responsible citizenship.
The Eleven Fundamental Duties (Article 51A)
It is the duty of every citizen of India to:
1. Abide by the Constitution and respect its ideals and institutions, the National Flag, and the
National Anthem.
2. Cherish and follow the noble ideals that inspired the national struggle for freedom.
3. Uphold and protect the sovereignty, unity, and integrity of India.
4. Defend the country and render national service when called upon to do so.
5. Promote harmony and the spirit of common brotherhood among all people of India,
transcending religious, linguistic, regional, or sectional diversities; and to renounce practices
derogatory to the dignity of women.
6. Value and preserve the rich heritage of India's composite culture.
7. Protect and improve the natural environment including forests, lakes, rivers, wildlife, and to
have compassion for living creatures.
8. Develop scientific temper, humanism, and the spirit of inquiry and reform.
9. Safeguard public property and abjure violence.
 10. Strive towards excellence in all spheres of individual and collective activity, so that the
nation constantly rises to higher levels of endeavor and achievement.
11. Provide opportunities for education to children between the ages of 6 and 14 years, as
added by the 86th Constitutional Amendment Act (2002).
Significance of Fundamental Duties
While Fundamental Duties are not enforceable by law, they hold significant value in shaping
the conduct of Indian citizens. They serve as a constant reminder that rights and duties are
complementary, and the performance of duties ensures the proper functioning of a democratic
society.
Some of their key objectives include:
 Balancing Rights and Duties: Citizens are not only entitled to enjoy Fundamental Rights but
are also expected to perform certain duties to ensure a balanced society.
 Promoting National Unity: Several duties focus on national unity, integrity, and patriotism,
fostering a sense of collective responsibility and belonging.
 Social and Environmental Responsibility: The duties promote environmental conservation,
social harmony, and human values, encouraging individuals to contribute to the larger well-
being of the nation.
 Civic Awareness: They enhance awareness among citizens about their responsibilities
towards the state, society, and fellow citizens.
Conclusion
The Fundamental Duties, though non-enforceable, play a crucial role in promoting
responsible citizenship and nation-building. They reflect the idea that rights come with
corresponding duties and help maintain the delicate balance needed for a harmonious and
progressive society. By adhering to these duties, citizens contribute to the social, political,
and environmental development of India.

Directive Principles of State Policy

The Directive Principles of State Policy (DPSP) are enshrined in Part IV (Articles 36 to
51) of the Constitution of India. These principles are guidelines for the central and state
governments to follow in order to establish a just and equitable society. Although non-
justiciable (meaning they cannot be enforced by courts), the DPSPs are fundamental in the
governance of the country. They set the objectives and goals that the government should
strive to achieve to ensure social, economic, and political justice.
The DPSPs were inspired by the Irish Constitution, which drew from the idea of a "welfare
state". They are also influenced by the ideals laid out in the Directive Principles of Social
Policy in Ireland.
Classification of Directive Principles
The DPSPs are broadly classified into three categories: socialistic, Gandhian, and liberal-
intellectual principles.

1. Socialistic Principles
These principles aim to provide social and economic justice and promote the welfare of the
people, laying the foundation for a welfare state.
 Article 38: The State shall strive to promote the welfare of the people by securing and
protecting a social order based on justice—social, economic, and political.
 Article 39: The State shall, in particular, direct its policy towards securing:
o Adequate means of livelihood for all citizens.
 o The right to equal pay for equal work for both men and women.
o Protection of the health and strength of workers, men, and women.
o That children are not abused and that citizens are not forced by economic
necessity into vocations unsuited to their age or strength.
o That ownership and control of the material resources of the community are
distributed to serve the common good.
o That the operation of the economic system does not result in the
concentration of wealth and means of production to the detriment of the
people.
 Article 41: The State shall, within its economic capacity, make provisions for right to
work, education, and public assistance in cases of unemployment, old age, sickness,
and disablement.
 Article 42: The State shall make provisions for securing just and humane
conditions of work and maternity relief.
 Article 43: The State shall Endeavor to secure, by suitable legislation or economic
organization, to all workers, a living wage and conditions of work ensuring a decent
standard of life.
 Article 43A: The State shall take steps to secure the participation of workers in the
management of industries.
 Article 47: The State shall regard the improvement of public health and raising the
level of nutrition and the standard of living of its people as among its primary duties.
The State shall also endeavor to prohibit the consumption of intoxicating drinks
and drugs, except for medicinal purposes.

2. Gandhian Principles
These principles reflect the ideas of Mahatma Gandhi and focus on promoting self-reliance
and village-based development. They emphasize rural development, social justice, and the
upliftment of the marginalized sections of society.
 Article 40: The State shall take steps to organize village panchayats and endow them
with such powers and authority to function as units of self-government.
 Article 43: The State shall Endeavor to promote cottage industries on an individual
or cooperative basis in rural areas.
 Article 46: The State shall promote the educational and economic interests of the
Scheduled Castes, Scheduled Tribes, and other weaker sections, and protect them
from social injustice and all forms of exploitation.
 Article 47: The State shall take steps to improve public health and prohibit the
consumption of intoxicating drinks and drugs, as far as possible.
 Article 48: The State shall endeavor to organize agriculture and animal husbandry on
modern and scientific lines and take steps to prohibit the slaughter of cows and calves
and other milch and draught cattle.

3. Liberal-Intellectual Principles
These principles emphasize individual freedom, judicial independence, and participation in
the international community.
 Article 44: The State shall endeavor to secure for the citizens a Uniform Civil Code
throughout the territory of India.
 Article 45: The State shall provide for free and compulsory education for all
children until they complete the age of 14 years. (This was amended by the 86th
 Constitutional Amendment Act, 2002, which inserted Article 21A, making
education a Fundamental Right.)
 Article 48A: The State shall endeavor to protect and improve the environment and
safeguard the forests and wildlife of the country.
 Article 49: The State shall protect every monument or place or object of artistic or
historic interest.
 Article 50: The State shall take steps to separate the judiciary from the executive in
the public services of the State.
 Article 51: The State shall:
o Promote international peace and security.
o Maintain just and honorable relations between nations.
o Foster respect for international law and treaty obligations.
o Encourage the settlement of international disputes by arbitration.

Importance of Directive Principles

1. Framework for Welfare State: The DPSPs aim to establish a welfare state in India,
focusing on economic democracy and the betterment of its people.
2. Guide to Policy Making: These principles act as a moral compass for the
government while framing policies and laws.
3. Promotion of Social Justice: The DPSPs seek to remove inequalities and uplift
weaker sections of society, promoting social and economic justice.
4. Balancing Fundamental Rights and DPSPs: Over time, the judiciary has
harmonized the interpretation of Fundamental Rights and DPSPs to ensure that both
sets of principles coexist and support one another.
5. Promotion of International Peace: DPSPs extend beyond national governance, with
directives aimed at promoting international peace and relations with other countries.
Justiciability and Enforcement
 Unlike Fundamental Rights, the DPSPs are non-justiciable in nature, meaning
individuals cannot approach the courts to enforce them.
 However, they have been increasingly used by the courts to interpret laws and the
Constitution in a manner that promotes the welfare objectives of the state. In several
cases, such as Keshavananda Bharati v. State of Kerala (1973), the Supreme Court
has emphasized that Fundamental Rights and DPSPs should be read together to
provide a cohesive approach to constitutional interpretation.
 Moreover, the Directive Principles have inspired various legislative measures, such
as the implementation of land reforms, minimum wages, Mahatma Gandhi
National Rural Employment Guarantee Act (MGNREGA), and the Right to
Education Act.
Conclusion
The Directive Principles of State Policy play a pivotal role in India’s constitutional
framework by setting the foundation for the social and economic development of the country.
Though they are not enforceable by law, they serve as guiding principles for governance and
policymaking, aiming to establish a fair and equitable society. Over time, through judicial
interpretation and legislative action, the principles have significantly influenced India's path
toward achieving a welfare state.
The history of conflict between Fundamental Rights
The conflict between Fundamental Rights and Directive Principles of State Policy
(DPSPs) is one of the most debated issues in India's constitutional history. This conflict
arises because Fundamental Rights, enshrined in Part III of the Constitution, are
justiciable (enforceable by courts), while Directive Principles, enshrined in Part IV, are
non-justiciable. This means that Fundamental Rights can be legally enforced if violated,
whereas DPSPs serve as guidelines for the state in framing policies and laws.
The conflict arises when a law enacted by the state, in pursuance of the DPSPs, infringes
upon or contradicts the Fundamental Rights of citizens. Below is a historical overview of the
conflict and how it has been addressed through judicial interpretations and constitutional
amendments:

1. Early Constitutional Framework

At the time of framing the Constitution, the Fundamental Rights were given primacy,
ensuring that individual liberties, such as the right to equality, freedom of speech, and
protection against arbitrary action, were safeguarded against state action. The Directive
Principles, on the other hand, were intended to guide the state in securing social, economic,
and political justice for the citizens, laying the foundation of a welfare state.
However, conflicts arose when the state attempted to implement social and economic
reforms, especially land reforms, which at times clashed with the Fundamental Rights of
property owners.

2. The Early Conflicts: Shankari Prasad Case (1951)

The first major conflict arose when the Constitution (First Amendment) Act, 1951 was
passed to implement land reforms, which included land redistribution. The amendment
curtailed the right to property (Article 31) to facilitate the state's agenda of land
redistribution.
The Shankari Prasad vs. Union of India (1951) case challenged the constitutionality of the
amendment, arguing that it violated Fundamental Rights. The Supreme Court, in this case,
ruled that Parliament has the power to amend the Fundamental Rights to implement
DPSPs under Article 368, emphasizing that Fundamental Rights can be subordinated to the
state's social and economic agenda.

3. Golaknath Case (1967): Fundamental Rights Take Primacy

In the Golaknath vs. State of Punjab (1967) case, the Supreme Court reversed its earlier
decision. It ruled that Fundamental Rights cannot be amended by Parliament. The Court
held that Fundamental Rights are sacrosanct, and the power of Parliament to amend the
Constitution does not extend to amending or abridging Fundamental Rights.
The Golaknath case established the primacy of Fundamental Rights over DPSPs, making it
impossible for the state to enact laws under DPSPs that violate Fundamental Rights, thus
creating a major roadblock for land reform and other social welfare legislation.

4. 24th and 25th Constitutional Amendments (1971): Restoring Balance

To resolve the conflict and ensure that social justice could be pursued, Parliament passed two
key amendments:
 24th Constitutional Amendment (1971): It restored the power of Parliament to
amend any part of the Constitution, including Fundamental Rights, effectively
nullifying the Golaknath ruling.
 25th Constitutional Amendment (1971): This amendment added Article 31C,
which stated that if a law was made to give effect to Article 39(b) and (c) of the
 DPSPs (related to equitable distribution of resources and prevention of concentration
of wealth), it could not be challenged on the grounds that it violated Fundamental
Rights under Articles 14 (Right to Equality) or 19 (Right to Freedom).
These amendments represented an attempt to harmonize Fundamental Rights with Directive
Principles, giving the state more leeway to implement social and economic policies in the
interest of the common good.

5. Kesavananda Bharati Case (1973): The Basic Structure Doctrine

The landmark Kesavananda Bharati vs. State of Kerala (1973) case revisited the conflict
between Fundamental Rights and DPSPs. The Supreme Court upheld the 24th Amendment,
allowing Parliament to amend Fundamental Rights but introduced the "Basic Structure
Doctrine".
According to this doctrine:
 Parliament can amend any part of the Constitution, including Fundamental
Rights, but cannot alter the "basic structure" of the Constitution.
 The basic structure includes Fundamental Rights, secularism, democracy, and
judicial independence.
Thus, while the state could amend Fundamental Rights to implement DPSPs, such
amendments could not destroy or damage the core principles of the Constitution.

6. The 42nd Amendment (1976): Primacy to Directive Principles

During the Emergency (1975–1977), the government passed the 42nd Constitutional
Amendment Act, 1976, which was intended to tilt the balance further in favour of DPSPs.
This amendment extended the scope of Article 31C to cover all Directive Principles, not just
those in Article 39(b) and (c). It meant that any law aimed at implementing any DPSP could
not be challenged for violating Articles 14 or 19.
This move, however, was widely criticized as undermining the essence of Fundamental
Rights and individual freedoms.

7. Minerva Mills Case (1980): Reasserting Balance

The Supreme Court, in the Minerva Mills vs. Union of India (1980) case, struck down the
extension of Article 31C brought by the 42nd Amendment. The Court ruled that giving
precedence to all Directive Principles over Fundamental Rights would destroy the
balance between Parts III (Fundamental Rights) and Part IV (DPSPs) of the Constitution,
which the Basic Structure Doctrine aimed to preserve.
The Court also emphasized that harmony and balance between Fundamental Rights and
DPSPs is an essential feature of the Constitution. The judgment reaffirmed that while both
are important, neither can be given absolute primacy over the other.

8. Post-Minerva Mills Era: Evolving Jurisprudence

After the Minerva Mills case, the judiciary adopted a more balanced approach, often seeking
to harmonize Fundamental Rights and DPSPs rather than treat them as opposing forces.
The courts have increasingly held that both Fundamental Rights and DPSPs are
complementary and must be read together to achieve the goals of justice, equality, and
welfare for the people.
For instance:
  In cases like Unni Krishnan vs. State of Andhra Pradesh (1993), the Supreme
Court derived the Right to Education (now a Fundamental Right under Article 21A)
from the Directive Principles.
 In the Vishaka vs. State of Rajasthan (1997) case, the Court used the DPSP
promoting gender equality (Article 39) to create guidelines against sexual
harassment at the workplace, balancing both Fundamental Rights and DPSPs.

Conclusion: Balancing Fundamental Rights and DPSPs

The history of conflict between Fundamental Rights and DPSPs illustrates the challenges
faced by a democratic society in balancing individual liberties with collective welfare. While
the judiciary initially placed Fundamental Rights above DPSPs, over time, it has sought to
create a harmonious relationship between the two. The Basic Structure Doctrine, combined
with judicial innovations, has ensured that neither Fundamental Rights nor DPSPs are
neglected but are instead interpreted together to realize the aspirations of the Indian
Constitution.

The process of amending the Constitution of India

The process of amending the Constitution of India is outlined in Article 368 of the
Constitution. The amendment process is designed to strike a balance between the rigidity
and flexibility of the Constitution, enabling changes to adapt to evolving needs while
protecting its core values. Below is an overview of the amendment process, its types, and key
stages:

Types of Amendments
1. Simple Majority (Outside Article 368):
o Some provisions of the Constitution can be amended by a simple majority of both
Houses of Parliament. These amendments do not come under Article 368.
o Examples include the creation of new states, abolition or creation of legislative
councils, and changes in the salaries of MPs.
2. Amendment by Special Majority (Article 368):
o For most parts of the Constitution, an amendment can be made by a special
majority, which requires:
 A majority (more than 50%) of the total membership of each House of
Parliament, and
 A majority of two-thirds of the members present and voting in each House.
o This procedure is applied to amendments affecting Fundamental Rights, DPSPs, and
other key provisions.
3. Special Majority with Ratification by States:
o Certain amendments require not only a special majority in Parliament but also the
approval of at least half of the state legislatures.
o This process applies to amendments related to:
 The election of the President and its manner.
 The distribution of legislative powers between the Union and the States.
 The powers of the Supreme Court and High Courts.
  Any change in representation of the states in Parliament.
 Article 368 itself (the procedure of amendment).

Procedure for Amendment (Article 368)

1. Introduction of Amendment Bill
 An amendment can be initiated only by the introduction of a Bill in either House of
Parliament (Lok Sabha or Rajya Sabha).
 The Bill must be introduced by a Minister or a private member.
 There is no provision for amendments through a state legislature or by any other body.
2. Passage of the Amendment Bill
 The Bill must be passed in each House of Parliament separately.
 For most amendments, a special majority is required in both Houses:
o This means more than 50% of the total membership of the House and at least two-
thirds of the members present and voting must approve the Bill.
 If the Bill is passed in one House but rejected by the other, the amendment fails. There is no
provision for a joint session of both Houses for constitutional amendments.
3. Ratification by State Legislatures (If Required)
 For certain amendments, after being passed by both Houses, the Bill must be ratified by at
least 50% of the state legislatures.
 The states do not need to follow a uniform procedure, and each state can approve or reject
the amendment by a simple majority.
 States cannot amend or modify the Bill; they can only approve or disapprove it.
4. President's Assent
 After passage in Parliament and ratification by the states (if required), the Bill is presented to
the President of India for their assent.
 The President cannot withhold their assent to a Constitution Amendment Bill.
 Once the President gives their assent, the Bill becomes a Constitution Amendment Act and
the Constitution stands amended.

Key Features of the Amendment Process

1. Flexibility and Rigidity:
o Some provisions can be amended with a simple majority, showing flexibility, while
others require a special majority and state ratification, showing rigidity.
2. No Joint Sitting:
o Unlike ordinary legislation, if a constitutional amendment is rejected in either House
of Parliament, there is no provision for a joint session of both Houses to resolve the
deadlock.
3. No Judicial Review on Procedural Grounds:
o The procedure for amendment cannot be questioned by the courts if the correct
procedure, as outlined in Article 368, has been followed. However, amendments can
be reviewed for violating the basic structure of the Constitution.

Doctrine of Basic Structure

The Basic Structure Doctrine was established by the Supreme Court in the Kesavananda
Bharati vs. State of Kerala (1973) case. According to this doctrine, while Parliament has
wide powers to amend the Constitution, it cannot alter or destroy its basic structure.
The basic structure includes:
  Supremacy of the Constitution.
 Sovereign, democratic, and republican nature of the state.
 Secularism and the rule of law.
 Separation of powers.
 Federalism.
 Judicial review.
 Fundamental Rights and Directive Principles.
This doctrine acts as a safeguard to prevent Parliament from making amendments that
fundamentally alter the essential features of the Constitution.

Important Amendments in Indian History

1. First Amendment (1951): Enabled land reform legislation, restricted freedom of
speech under Article 19, and provided special provisions for backward classes.
2. 24th Amendment (1971): Restored Parliament's power to amend any part of the
Constitution, including Fundamental Rights.
3. 42nd Amendment (1976): Known as the "Mini-Constitution," it made sweeping
changes, including strengthening the position of DPSPs, curtailing the power of the
judiciary, and introducing the words "secular" and "socialist" in the Preamble.
4. 44th Amendment (1978): Reversed some changes made by the 42nd Amendment,
restoring civil liberties and strengthening Fundamental Rights.
5. 73rd and 74th Amendments (1992): Provided constitutional status to Panchayati
Raj Institutions and urban local bodies, ensuring decentralized governance.
6. 86th Amendment (2002): Made education a Fundamental Right for children aged 6
to 14 years (Article 21A).
7. 101st Amendment (2016): Introduced the Goods and Services Tax (GST), creating
a single taxation system across India.

Conclusion
The process of amending the Indian Constitution reflects the balance between the need for
stability and change. While some provisions are flexible, allowing for relatively easy
amendments, others are safeguarded by more stringent processes. The Basic Structure
Doctrine ensures that while Parliament can amend the Constitution, it cannot change its core
principles, thus preserving the fundamental ideals upon which the nation was built.

Concept of Basic Structure of Constitution

The Basic Structure Doctrine is a judicial principle that limits the amending power of
Parliament under Article 368 of the Constitution of India. It was established by the
Supreme Court of India to ensure that certain fundamental features of the Constitution
cannot be altered or destroyed by any constitutional amendment, thus preserving the essence
of the Constitution.
Origin of the Basic Structure Doctrine
The doctrine was first propounded by the Supreme Court in the landmark case of
Kesavananda Bharati vs. State of Kerala (1973). This case became a turning point in
India’s constitutional history, as it was in response to a series of amendments that sought to
curtail Fundamental Rights, especially in relation to land reforms.
Evolution of the Basic Structure Doctrine
1. Shankari Prasad Case (1951):
o In this case, the Supreme Court upheld the constitutionality of the First
Amendment Act, 1951, which curtailed the right to property under Article 31,
stating that Parliament had the power to amend any part of the
Constitution, including Fundamental Rights.
2. Sajjan Singh Case (1965):
o The Court reaffirmed its decision in the Shankari Prasad case, allowing
Parliament to amend Fundamental Rights and held that such amendments were
within its powers under Article 368.
3. Golaknath Case (1967):
o In a reversal of its earlier stance, the Supreme Court ruled that Fundamental
Rights cannot be amended by Parliament. It held that Parliament does not
have the power to curtail or amend Fundamental Rights.
4. Kesavananda Bharati Case (1973):
o The Kesavananda Bharati case arose in the context of amendments aimed at
implementing socialist and welfare policies, particularly land reforms.
o The Supreme Court overruled the Golaknath judgment and held that
Parliament can amend any part of the Constitution, including Fundamental
Rights, but it cannot alter the "basic structure" of the Constitution.
o This ruling introduced the concept of basic structure, although it did not
provide a clear list of what constitutes the basic structure. It established that
certain features of the Constitution are fundamental and cannot be abrogated
or changed, even by Parliament.

Key Elements of the Basic Structure

While the Supreme Court did not define an exhaustive list of features that constitute the basic
structure, subsequent cases and judgments have identified several core elements. Some of the
key elements that the Court has recognized as part of the basic structure include:
1. Supremacy of the Constitution: The Constitution is the supreme law of the land, and
no authority, including Parliament, can act beyond its boundaries.
2. Sovereign, Democratic, and Republican Nature of the Indian Polity: India’s form
of government, which is based on democracy and republican principles, is inviolable.
3. Secularism: India’s secular nature, which ensures the separation of religion from the
functioning of the state, is considered an integral part of the Constitution’s basic
structure.
4. Judicial Review: The power of the judiciary to review laws and actions of the
executive and legislative branches to ensure they conform to the Constitution is a
fundamental feature.
5. Separation of Powers: The division of responsibilities among the executive,
legislature, and judiciary is central to maintaining checks and balances within the
government.
6. Rule of Law: The principle that all citizens, institutions, and entities are subject to
and accountable under the law is essential to the constitutional order.
7. Federalism: The division of powers between the central and state governments is a
key feature that cannot be altered to disrupt the balance of power.
 8. Freedom and Dignity of the Individual: Fundamental Rights that ensure personal
liberty, equality, and freedom of speech and expression are crucial to the basic
structure.
9. Parliamentary System of Government: The parliamentary form of governance,
where the executive is responsible to the legislature, is a part of the basic structure.
10. Unity and Integrity of the Nation: Preserving the territorial integrity and
sovereignty of India is a paramount feature.

Subsequent Affirmation of the Doctrine

 Indira Gandhi vs. Raj Narain (1975): The Supreme Court applied the basic
structure doctrine to strike down a part of the 39th Amendment, which sought to
prevent the courts from hearing election disputes involving the Prime Minister. The
Court ruled that free and fair elections were part of the basic structure and could not
be undermined.
 Minerva Mills vs. Union of India (1980): In this case, the Supreme Court struck
down a part of the 42nd Amendment, which gave Parliament unlimited power to
amend the Constitution, stating that such power violated the basic structure. The
Court reaffirmed that the balance between Fundamental Rights and Directive
Principles is part of the basic structure.
 Waman Rao vs. Union of India (1981): The Supreme Court upheld the basic
structure doctrine, applying it to amendments made after the Kesavananda Bharati
judgment.

Significance of the Basic Structure Doctrine

1. Limiting Parliamentary Power: The basic structure doctrine acts as a check on the
amending powers of Parliament. While Parliament can amend the Constitution, it
cannot tamper with or destroy its fundamental aspects.
2. Protection of Fundamental Rights: The doctrine has played a crucial role in
protecting Fundamental Rights by preventing Parliament from making changes that
could compromise the liberties and freedoms enshrined in the Constitution.
3. Preserving Constitutional Ideals: The doctrine ensures that the core principles and
values of the Indian Constitution, such as democracy, secularism, and federalism,
remain intact, even as the Constitution evolves to meet new challenges.
4. Judicial Safeguard: By empowering the judiciary to determine the constitutionality
of amendments, the doctrine provides a judicial safeguard against arbitrary or
authoritarian changes that might otherwise compromise democratic governance.

Criticism of the Basic Structure Doctrine

1. Judicial Overreach: Critics argue that the doctrine gives the judiciary excessive
power over the Parliament, allowing unelected judges to decide what constitutes the
"basic structure" and potentially limiting the democratic mandate of elected
representatives.
2. Ambiguity: Since there is no exhaustive list of what constitutes the basic structure,
the doctrine is sometimes viewed as vague and subject to differing interpretations by
the judiciary, leading to unpredictability in constitutional amendments.
3. Restriction on Democratic Will: Some critics claim that by imposing limits on
Parliament's amending power, the doctrine restricts the ability of a democratically
 elected government to bring about significant legal and constitutional changes based
on the will of the people.

Conclusion
The Basic Structure Doctrine has become a cornerstone of Indian constitutional
jurisprudence. It ensures that the core principles of the Constitution remain protected, even
as the country evolves and the Constitution is amended to reflect new societal needs. By
balancing the need for change with the protection of fundamental values, the doctrine plays a
critical role in preserving the democratic framework and ensuring the Constitution's
longevity.