Cementing the ‘Basic Structure’

Dr Suresh Mathew Dr Suresh Mathew
01 May 2023
The fact that the Supreme Court has created a dedicated web page on the verdict to mark the 50th anniversary of the landmark judgment shows its commitment to stick to it.

April 24, 1973 was a historic day in the history of the Constitution of India.  It was on this day that the Supreme Court of India, through its path-breaking judgment in the Kesavananda Bharati case, established that Parliament does not have unfettered power to amend the Constitution. Known as the ‘basic structure’ doctrine, the verdict stated that there are certain fundamental features -- democracy, secularism, federalism, sovereignty of the nation, the rule of law, securing individual freedom, etc. -- that are beyond the scope of alteration by the supreme law-making body, the Parliament. 

The RSS and other Sangh Parivar offshoots couldn’t digest and accept the Constitution as adopted by the Constituent Assembly. They considered it as nothing but a ‘copy and paste’ work, to use a modern terminology, from constitutions of different western countries. They found it lacking as it had not followed Manusmriti or similar texts of ancient India. Their objection to the Constitution had found its expression in an editorial in Organizer, the RSS mouth piece: “In our Constitution, there is no mention of the unique constitutional development in ancient Bharat. Manu’s Laws were written long before Lycurgus of Sparta or Solon of Persia. To this day, his laws, as enunciated in Manusmriti, excite the admiration of the world and elicit spontaneous obedience and conformity. But to our constitutional pundits that means nothing.” The Sangh Parivar’s dislike for the Constitution continues till this day and it finds expression, off and on, through some of their motormouth leaders. They clamour for rewriting the Constitution to bring it in tune with Hindutva ideology, traditions, culture, ideas and aspirations. 

However, it is the ‘unadulterated stand of the Supreme Court’, which finds its unambiguous expression in the Kesavananda Bharati judgement, that keeps the Constitution in tact. It goes to the credit of the apex court that it has not allowed the statute to be watered down. There is no Constitution in the world which has not undergone  amendments and the same is true with the Constitution of India. But what the Supreme Court stated is that its foundational principles can neither be changed nor tweaked by any law-making body. The Constitution Bench of 13 judges, in its 7-6 decision, had asserted its right to strike down amendments that were in violation of the fundamental and basic principles of the Constitution. While the Parliament has wide powers, it does not have the power to destroy the basic elements of the Constitution. 

The apex court, it seems, had realised the danger of a government with brute majority amending the Constitution to the extend of jeopardizing its socialist, secular, democratic, federal principles that form its basic character. The Kesavananda Bharati judgement made it impossible for any government to bring in amendments that would alter the ‘basic structure.’ In the 50 years after the historic verdict, though judges of all hues have come and gone in the Supreme Court, the basic structure doctrine has survived. However, it is also true that the governments have brought in laws that pose challenge to some of the principles enunciated in the basic structure doctrine  as we have seen in the Citizenship Amendment Act or the abrogation of Article 370. These challenges are yet to undergo the ‘litmus test’ in the highest court of the land. The fact that the Supreme Court has created a dedicated web page on the verdict to mark the 50th anniversary of the landmark judgment shows its commitment to stick to it. 

Recent Posts

After I reached this place on May 27, 1964, I have generally kept away from writing letters. Old habits, however, die hard. My daughter is here, and so are my grandsons. None of us knows you personall
apicture A. J. Philip
15 Jun 2026
As an educator committed to improving the quality of education in our country, I am writing this open letter to draw your attention to issues that require urgent intervention. I trust these concerns w
apicture Albert Rayan
15 Jun 2026
The greatest threat to religion today is not atheism but its politicisation and commercialisation. When faith is used to divide, hate and dominate, it becomes a mockery of itself. True religion begins
apicture Jacob Peenikaparambil
15 Jun 2026
Once the BJP leader who proudly defended his right to eat beef, Kiren Rijiju now stands accused of dismissing minority anxieties as propaganda. His evolution reflects the growing distance between cons
apicture John Dayal
15 Jun 2026
India's invisible care economy rests on the unpaid labour of millions of women. The Supreme Court has recognised homemakers as nation builders; the challenge now is to support, value, and invest in ca
apicture Jaswant Kaur
15 Jun 2026
A court that recognises a constitutional danger yet permits the process to proceed cannot remain outside the story. As allegations of mass disenfranchisement grow, the focus of political and constitut
apicture Oliver D'Souza
15 Jun 2026
As hate, violence and greed become the new normal, the Sacred Heart of Jesus challenges us to live differently. Its message of fire, forgiveness, fearlessness, freedom and fraternity remains the most
apicture Cedric Prakash
15 Jun 2026
You mark us by our labour. Hindu scriptures call us We were born From feet, From dirt, From sin.
apicture Dr Suryaraju Mattimalla
15 Jun 2026
A few years from now, while the old political warriors are wondering what embarrassing nickname has been invented for them, the cockroaches may still be crawling steadily forward, quietly having the l
apicture Robert Clements
15 Jun 2026
The battle over cattle is no longer merely about faith or food. It is about whether farmers can survive, whether livestock retains economic value and whether symbolism can coexist with the hard realit
apicture A. J. Philip
08 Jun 2026