Basic Structure Doctrine: Meaning, Evolution (Kesavananda Bharati) and UPSC PYQs

Updated 8 min read3 PYQs linked
Keshavananda Bharati
Asked by UPSCPrelims 2022, 2020, 20133 PYQs

UPSC has already asked about this. Read the story with these questions in mind.

See all 3 PYQs
Quick answerThe basic structure doctrine says Parliament can amend any part of the Constitution under Article 368, but cannot destroy its essential features. The Supreme Court laid it down in Kesavananda Bharati v. State of Kerala (1973). The Constitution does not list these features; courts identify them case by case, e.g. judicial review, federalism, secularism and free and fair elections.

Background: the property cases

The basic structure doctrine was born out of a fight over land reform. In Shankari Prasad (1951) and Sajjan Singh (1965) the Supreme Court held that Parliament could amend any part of the Constitution, including Fundamental Rights. In I.C. Golaknath (1967) an eleven-judge bench reversed this by a 6-5 majority, ruling that an amendment is “law” under Article 13 and cannot take away Fundamental Rights. Parliament answered with the 24th Amendment (1971), which said that Article 13 does not apply to amendments made under Article 368. The stage was set for Kesavananda Bharati.

What is the basic structure doctrine?

It is a judge-made limit on the amending power. Parliament’s power under Article 368 is “constituent” but not unlimited: an amendment that damages the Constitution’s identity can be struck down. The doctrine therefore makes the Supreme Court the final guardian of the Constitution’s core.

How the doctrine evolved

CaseYearHolding
Shankari Prasad1951Parliament can amend Fundamental Rights; an amendment is not “law” under Art. 13
Sajjan Singh1965Same view reaffirmed
Golaknath1967Parliament cannot amend Fundamental Rights
(24th Amendment)1971Parliament asserts power to amend any part; Art. 13 does not apply to amendments
Kesavananda Bharati197313-judge bench (7:6): any part can be amended, but not the basic structure
Indira Gandhi v. Raj Narain1975Free and fair elections part of basic structure; 39th Amendment clause struck down
Minerva Mills198042nd Amendment clauses (Art. 368(4),(5)) struck; limited amending power and judicial review are basic features
Waman Rao1981Ninth Schedule laws added after 24 April 1973 open to basic-structure review
S.R. Bommai1994Federalism and secularism are basic features
I.R. Coelho2007Ninth Schedule is no shield against basic-structure review
Supreme Court Advocates-on-Record Assn. (NJAC)201599th Amendment (NJAC) struck down: judicial independence is a basic feature
How the doctrine evolved
  1. 1951Shankari Prasad: amending power unlimited
  2. 1967Golaknath: FRs beyond amendment
  3. 197124th Amendment reasserts Parliament's power
  4. 1973Kesavananda Bharati: basic structure
  5. 1980Minerva Mills: limited amending power is basic
  6. 2007I.R. Coelho: Ninth Schedule reviewable

Elements identified as basic structure (illustrative)

Supremacy of the Constitution; republican and democratic form of government; secular character; separation of powers; federal character; unity and integrity of the nation; judicial review; independence of the judiciary; rule of law; free and fair elections; parliamentary system; limited amending power; harmony between Fundamental Rights and Directive Principles; welfare state. The list is open-ended. It grows only through judgments.

Significance and criticism

Significance: it protects the Constitution from being rewritten by a temporary majority (the 39th and 42nd Amendments of the Emergency years were the trigger). Criticism: the features are not in the text, which gives unelected judges a large say, and the doctrine is uncertain because the list is open. In Mains, present both and conclude with how the doctrine has worked as a stabiliser of constitutional democracy.

Landmark cases at a glance

Case (year)What it held
Kesavananda Bharati (1973)13-judge bench, 7-6: Parliament can amend any part, but not the basic structure
Indira Nehru Gandhi v Raj Narain (1975)Free and fair elections are a basic feature; 39th Amendment clause struck down
Minerva Mills (1980)Limited amending power and judicial review are basic features
Waman Rao (1981)Ninth Schedule laws after 24 April 1973 are open to basic-structure review
S.R. Bommai (1994)Secularism and federalism are basic features
I.R. Coelho (2007)Ninth Schedule cannot shield laws that violate the basic structure
NJAC case (2015)99th Amendment struck down to protect judicial independence
How a court tests an amendment
  1. 1Amendment passed under Article 368
  2. 2Challenged in court
  3. 3Does it follow the procedure in Article 368?
  4. 4Does it damage or destroy a basic feature?
  5. 5If yes, the offending part is struck down

How the courts apply the test

The Court does not keep a closed list. It asks whether an amendment destroys the identity of the Constitution, often through the “width and identity” tests: how wide is the power the amendment creates, and does the Constitution remain recognisably the same after it? Not every change to an important provision fails. In M. Nagaraj (2006) the Court upheld amendments on reservation in promotion, and in Janhit Abhiyan (2022) it upheld the 103rd Amendment on EWS reservation by a majority. The doctrine applies to constitutional amendments; ordinary laws are tested against the text of the Constitution itself.

Beyond India

The doctrine has travelled. Bangladesh’s Supreme Court relied on it in the Anwar Hossain Chowdhury case (1989), and courts in countries such as Kenya and Belize have used similar ideas of unamendable core values. Germany’s Basic Law takes another route, with an “eternity clause” (Article 79(3)) written into the text. India’s version is unusual because it is entirely judge-made.

The debate for Mains

  • For: protects democracy, rights and the rule of law from a temporary majority, as the Emergency years showed.
  • Against: it is not in the text, its content is decided by unelected judges, and it can be seen as counter-majoritarian.
  • Balance: the doctrine has been used sparingly to strike down amendments, which suggests restraint rather than routine interference.

Basic Structure Doctrine: UPSC angle

For UPSC CSE

Prelims: case–holding matching, “Constitution does not define basic structure”, Art. 368 procedure. Mains GS-II: significance, judicial review vs parliamentary sovereignty, NJAC case, amendment procedure debates.

Basic Structure Doctrine UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

UPSC Prelims 2020 · GS-I · Q13

Consider the following statements :
– 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy.
– 2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?

Answer (d) & why

The Constitution does not define “basic structure”; it is a judicial creation. Statement 1 is therefore wrong.

Answer as per the official UPSC key · Battle IAS PYQ bank

UPSC Prelims 2022 · GS-I · Q13

Consider the following statements :
– 1. A bill amending the Constitution requires a prior recommendation of the President of India.
– 2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.
– 3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.
Which of the statements given above are correct?

Answer (b) & why

No prior Presidential recommendation is needed (1 wrong); the President must give assent (24th Amendment) and there is no joint sitting for amendments (2 and 3 correct).

Answer as per the official UPSC key · Battle IAS PYQ bank

UPSC Prelims 2013 · GS-I · Q11

Consider the following statements :
– 1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
– 2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
Which of the statements given above is/are correct?

Answer (d) & why

An amendment bill can be introduced in either House, and federal amendments need ratification by half the States, not all. Neither statement is correct.

Answer as per the official UPSC key · Battle IAS PYQ bank

Mains PYQs on this topic

Questions from the official UPSC Mains papers (2023-2026 in the Battle IAS Mains bank), newest first. Each links to a model answer.

  1. UPSC Mains 2025 · GS Paper II · Q12 · 15 marks

    Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.

    Model answer and approach

Quick quiz

Practice · UPSC

The basic structure doctrine was propounded in

Answer (b)

7:6 verdict of a 13-judge bench.

Practice · UPSC

Which constitutional amendment was struck down in the NJAC case (2015)?

Answer (b)

The 99th Amendment created the National Judicial Appointments Commission.

Practice · UPSC

Which case held that Ninth Schedule laws added after 24 April 1973 can be tested against the basic structure?

Answer (a)

Reaffirmed and extended in I.R. Coelho (2007).

FAQs

What is the basic structure doctrine in simple words?

Parliament can amend the Constitution but cannot destroy its core features; courts decide what that core is.

Which case established the basic structure doctrine?

Kesavananda Bharati v. State of Kerala (1973).

Does the Constitution define basic structure?

No. It is entirely judge-made.

Is judicial review part of the basic structure?

Yes. Minerva Mills (1980) and later cases.

Can the Preamble be amended?

Yes, but not so as to destroy the basic structure (Kesavananda).

Is the list of basic features fixed?

No. Courts add features case by case; examples include supremacy of the Constitution, secularism, federalism, judicial review and free and fair elections.

Does the basic structure doctrine apply to ordinary laws?

It was developed to test constitutional amendments. Ordinary laws are tested against the provisions of the Constitution, especially Fundamental Rights.

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Image: https://commons.wikimedia.org/wiki/File:Keshavananda_Bharati.JPG

How to use this in Mains

GS-II

If asked: UPSC Mains 2025, GS-II: Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.

Quote: “Significance: it protects the Constitution from being rewritten by a temporary majority (the 39th and 42nd Amendments of the Emergency years were the trigger).”

Use it: Use as the significance line.

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