Features of the Indian Constitution

Features of the Indian Constitution: The Indian political system is founded on a comprehensive and unique Constitution that blends rigidity with flexibility. It incorporates key features such as federalism, parliamentary democracy, fundamental rights, and an independent judiciary, ensuring a balance between unity and diversity.

Basic Nature of the Indian Constitution

• India endured nearly 200 years of British rule, which exposed the defects of the administrative system and the absence of people’s rights. This experience gave rise to the need for a Constitution that would safeguard democracy, rights, and justice.
• The Indian Constitution has been framed by borrowing elements from many Constitutions of the world; nevertheless, it has a distinct identity of its own.
• The word ‘federal’ has not been used anywhere in the Constitution. Article 1 describes India as a ‘Union of States’.
• It has two implications:
  • The Indian Union is not the result of an agreement among the States.
  • No State has the right to secede from the Union. That is, the Indian Union is an indestructible Union of destructible States (the existence of the States depends on the Union; the Union cannot be destroyed).

Features of the Indian Constitution

Constitution based on popular sovereignty

• We, The People of India. 

A framed, written, and comprehensive Constitution

• The original Constitution contained 395 Articles, 22 Parts, and 8 Schedules, along with 5 Appendices.
• At present, it contains about 470 Articles, 25 Parts, and 12 Schedules.
  • The Ninth Schedule was added by the First Constitutional Amendment (1951).
  • The Tenth Schedule was added by the 52nd Amendment (1985) relating to defection.
  • The Eleventh and Twelfth Schedules were added respectively by the 73rd and 74th Constitutional Amendments (1992).
• Ivor Jennings – “The Indian Constitution is the most comprehensive Constitution in the world.”
  • U.S.A. – 7 Articles,
  • Australia – 128 Articles 
  • Canada – 147 Articles,
  • South Africa – 253 Articles

A combination of rigidity and flexibility

• There are three types of amendment procedures in the Constitution:
  • Amendment by simple majority (like ordinary law) – flexible
  • Amendment by special majority (two-thirds of members present and voting) – some rigidity
  • Amendment by special majority plus ratification by States – highly rigid

Nature of governance

Parliamentary system of government

• It is also called the “Westminster system of government”, responsible government, “cabinet government”, or “Prime Ministerial government”.
• The British parliamentary system has been adopted.
• The President is the nominal head; real power lies with the Prime Minister.
• The executive is responsible to the legislature.
• Leadership of the Prime Minister/Chief Minister and the power to dissolve the lower house.

Transformative constitutionalism

• Upendra Baxi gave the concept of transformative constitutionalism.
• Three main points of constitutionalism:
  • Text 
  • Interpretation
  • Transformation

• Jennings – “All Constitutions of the world are heirs of the past and testaments to the future.” 

 Influence of various sources

Federal system with unitary features

• The word “Federation” has not been used.
• Article 1 states: “India, that is Bharat, shall be a Union of States.” Ambedkar explained two implications of the term Union of States:
  • The Indian Union is not the result of an agreement among the States.
  • No State has the right to secede from the Union.
• The Government of India Act, 1935, for the first time provided for the establishment of a federal government (Federation of India). However, due to practical difficulties, this federal scheme could not be implemented.

Unitary features

1. Single Constitution 
2. Single citizenship
3. Single judiciary
4. Emergency provisions
5. Appointment of Governors by the President
6. Strong Centre
7. All-India Services
8. The division of powers tilted in favour of the Centre
9. The Centre has more financial and revenue resources
10. Power of the Centre to create new States and alter the names, areas, and boundaries of existing States — an indestructible Union of destructible States
11. Integrated audit system (CAG)
12. Greater powers to the Centre in matters of constitutional amendment

Federal features

1. Two governments
2. Division of powers
3. Written Constitution
4. Supremacy of the Constitution
5. Rigidity of the Constitution
6. Independent judiciary
7. Bicameral legislature (Upper House “Rajya Sabha” – Council of States)

Supremacy of the Constitution

Emergency provisions (Articles 352–360)

• Special provisions to protect the country’s sovereignty, integrity, and democratic framework during emergencies.
• During an emergency, the powers of the Central Government increase, thereby temporarily making the federal structure of India unitary.
• Types of emergency:
  • National Emergency (Article 352)
    • Imposed so far three times – 1962, 1971, 1975
  • State Emergency / President’s Rule (Articles 356, 365)
  • Financial Emergency (Article 360)

Universal adult franchise

• Article 326: This Article of the Constitution recognises universal adult franchise. By the 61st Amendment (1988), the voting age was reduced from 21 years to 18 years.

Citizenship – Articles 5 to 11 (Part II)

• The Constitution contains the basic provisions relating to citizenship.
• Single citizenship: In India, there is only one level of citizenship – national citizenship.
• The Citizenship Act, 1955: It is the main legal basis for the acquisition, retention, and termination of citizenship. It provides five main modes:
  • By birth
  • By descent
  • By registration
  • By naturalisation
  • By the incorporation of territory

• The Citizenship (Amendment) Act, 2019: Provision for granting Indian citizenship to refugees belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian religions from Pakistan, Afghanistan, and Bangladesh.
• Relationship between citizenship and Fundamental Rights: Only Indian citizens enjoy certain Fundamental Rights, such as Articles 15, 16, 19, and 29. 

Fundamental Duties

• Ten Fundamental Duties were added under Article 51A by the 42nd Amendment (1976).
• The 11th Fundamental Duty relating to education was added by the 86th Amendment (2002). 

Secularism and socialism

• The words “socialist” and “secular” were added by the 42nd Amendment. 
• No official religion, equal respect for all religions.
• The State does not discriminate based on religion.
  • Protection of religious freedom (Articles 25–28).
• Establishment of social and economic equality so that all citizens get equal opportunities and freedom from exploitation.
  • Part IV (Articles 38, 39, 41, 43): Provision for promoting social justice and equality in the Directive Principles of State Policy. 

Social welfare and reservation policy

• Special provisions to promote social and economic justice – reservation policy.
• Part IV – Directive Principles of State Policy (Articles 38, 39, 41, 46, etc.): Direct the State to establish a welfare State.

Fundamental Rights

• Fundamental Rights (Articles 12–35) – protections and freedoms granted to citizens. 

Directive Principles of State Policy 

Balance between parliamentary sovereignty and judicial supremacy

• Powers of Parliament:
  • Power to make laws – (Articles 245–248)
  • Power to amend the Constitution – (Article 368)
  • In certain circumstances, Parliament can legislate on State List subjects – (Articles 249, 252)
• Powers of the Judiciary:
  • Guardian of the Constitution
  • Judicial review of the validity of laws
  • Power to declare unconstitutional laws made by Parliament as void – (Article 13)
• Kesavananda Bharati case (1973): Parliament can amend the Constitution, but cannot alter its Basic Structure. This judgment is an example of a balance between judicial supremacy and parliamentary sovereignty. 

Three-tier government

Integrated, hierarchical, independent, and balanced judiciary and judicial review

• There is a single judiciary for the Centre and the States.
• Three-tier judicial system – Supreme Court, High Courts, Subordinate Courts.
  • Top level – Supreme Court (SC) – Article 124
  • Middle level – High Courts (HC) – Article 214
  • Lower level – District and Subordinate Courts – according to State laws

• Guardian of the Constitution – protection of Fundamental Rights.
• Measures to ensure independence of the judiciary:
  • Security of tenure of judges
  • Determination of service conditions
  • Expenses of the judiciary charged on the Consolidated Fund of India
  • The judiciary is independent of the executive and legislature
• Important Articles:
  • Article 124 – Establishment of the Supreme Court
  • Article 214 – Establishment of High Courts
  • Article 32 – Power to issue writs for the protection of Fundamental Rights
  • Article 226 – Power of High Courts to issue writs
  • Article 50 – Separation of judiciary from the executive (Directive Principle)
  • Article 13 – Laws inconsistent with the Constitution shall be void (foundation of judicial review) 

Living Constitution

• It does not allow the Indian Constitution to remain merely an administrative document, but makes it an instrument of social revolution – so that India can become a just, egalitarian, and human dignity–based nation.
  • Flexibility of the amendment procedure
  • Active interpretation by the judiciary
  • Incorporation of new concepts
  • Harmonisation with society and time\
  • Inclusion of new rights and duties
  • Institutions for the protection of the Constitution

• In the last 230 years, the American Constitution has undergone only 27 amendments. Whereas in the last 71 years, the Indian Constitution has undergone 106 amendments.
  • 101st Constitutional Amendment (2016) – Related to Goods and Services Tax (GST). (Article 246A inserted.)
  • 102nd Constitutional Amendment (2018) – Constitutional status to the National Commission for Backward Classes. (Article 338B inserted.)
  • 103rd Constitutional Amendment (2019) – 10 per cent reservation to the Economically Weaker Sections (EWS) in educational institutions and public employment. (Articles 15(6) and 16(6) inserted.)
  • 104th Constitutional Amendment (2019) – Reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the State Legislative Assemblies extended up to 2030 (from 2020 to 2030). Nomination of Anglo-Indians in the Lok Sabha and the State Legislative Assemblies discontinued. (Amendment of Articles 331, 332, 333, and 334.)
  • 105th Constitutional Amendment (2021) – Restored the power of the States and Union Territories to identify Socially and Educationally Backward Classes (SEBCs). (Amendment of Articles 338B, 342, and 366.)
  • 106th Constitutional Amendment –
    • One-third (33 per cent) reservation for women in the Lok Sabha
    • The State Legislative Assemblies, and 
    • the Legislative Assembly of the National Capital Territory of Delhi. 
    • (Amendment of Articles 239AA, 330A, 332A, and 334A.)

Independent bodies

• Election Commission (Article 324) – ensures free and fair elections
• Comptroller and Auditor General (Article 148) – audits government accounts
• Union and State Public Service Commissions (Articles 315–323) – recruitment to civil services
• Finance Commission (Article 280) – recommends the distribution of revenue between the Centre and States
• These institutions help in maintaining the quality of democracy.  

Co-operative Societies

• The 97th Constitutional Amendment Act, 2011, conferred constitutional status and protection to co-operative societies.
• Three major changes:
  • Amendment to Article 19: The right to form co-operative societies was made a Fundamental Right.
  • Article 43B: Promotion of co-operative societies was added to the Directive Principles of State Policy.
  • Part IX-B (Articles 243ZH to 243ZT): Detailed provisions for the democratic and autonomous functioning of co-operative societies.

Sources of the Constitution and Features Derived

• Out of 395 Articles of the Indian Constitution, most of the provisions were taken either verbatim or with minor modifications from the Government of India Act, 1935 – Robert H. Wheare
• Originally (1949) – 395 Articles, 8 Schedules, 22 Parts
• At present – 465 Articles, 12 Schedules, 25 Parts 

Sources of the Constitution and Features Derived

Parts, Subjects and Related Articles of the Indian Constitution

S.No.	Part	Subject	Related Articles
1	Part – I	Union and its territories	1 to 4
2	Part – II	Citizenship	5 to 11
3	Part – III	fundamental rights	12 to 35
4	Part – IV	Directive Principles of State Policy	36 to 51
5	Part IV A	Fundamental Duties	51-A
6	Part – V	Union Government	52 to 151
		Chapter I – The Executive	52 to 78
		Chapter II – Parliament	79 to 122
		Chapter III – Legislative Powers of the President	123
		Chapter IV – The Union Judiciary	124 to 147
		Chapter V – Comptroller and Auditor-General of India	148 to 151
7	Part – VI	State governments	152 to 237
		Chapter I – General	152
		Chapter II – The Executive	153 to 167
		Chapter III – The State Legislature	168 to 212
		Chapter IV – Legislative Powers of the Governor	213
		Chapter V – High Courts in the States	214 to 232
		Chapter VI – Subordinate Courts	233 to 237
8	Part – VII	Relating to States (Section B of the First Schedule repealed)	238 (repealed)
9	VIII	Union Territory	239 to 242
10	IX	Panchayats	243 to 243-O
11	IX (A)	Municipalities	243-P to 243-ZG
12	IX (B)	Cooperative societies	243-ZH से 243-ZT
13	X	Scheduled and Tribal Areas	244 to 244-A
14	XI	Relations between the Union and the States	245 to 263
		Chapter I: Legislative Relations	245 to 255
		Chapter-II Administrative Relations	256 to 263
15	XII	Finance, Property, Contracts and Litigation	264 to 300-A
		Chapter I – Finance	264 to 291
		Chapter II – Borrowing	292 to 293
		Chapter III – Property, Contracts, Rights, Liabilities and Suits	294 to 300
		Chapter IV – Right to Property	300-A
16	XIII	Trade, commerce and intercourse within the territory of India	301 to 307
17	XIV	Services under the Union and the States	308 to 323
		Chapter I – Services	308 to 314
		Chapter II – Public Service Commission	315 to 323
18	XIV(A)	Tribunal	323-A to 323-B
19	XV	Election	324 to 329-A
20	XVI	Special provisions relating to certain classes	330 to 342
21	XVII	official language	343 to 351
		Chapter I – The Official Language of the Union	343 to 344
		Chapter II – Regional Languages	345 to 347
		Chapter III – Language of the Supreme Court, High Courts, etc.	348 to 349
		Chapter IV – Special Directives	350 to 351
22	XVIII	Emergency provisions	352 to 360
23	XIX	Miscellaneous provisions	361 to 367
24	XX	Amendment of the Constitution	368
25	XXI	Temporary, Transitional and Special Provisions	369 to 392
26	XXII	Temporary, Transitional, and Special Provisions	393 to 395

Schedules and related articles of the Indian Constitution

Important Articles of the Indian Constitution and their Subject Matters

Article	Subject
1	Name and territory of the Union
3	Protection of certain rights such as freedom of speech, etc.
13	Laws inconsistent with or in derogation of fundamental rights
14	Promotion of educational and economic interests of the Scheduled Castes, the Scheduled Tribes and other weaker sections
16	Equality of opportunity in matters of public employment
17	Abolition of untouchability
19	Freedom of conscience and the right to freely profess, practice, and propagate religion
21	Protection of life and personal liberty
21(a)	Right to primary education
25	Freedom of conscience and the right to freely profess, practice and propagate religion
30	Right of minorities to establish and administer educational institutions
31(c)	Saving of laws giving effect to certain Directive Principles
32	Remedies, including writs for the enforcement of fundamental rights
38	The State shall establish a social order for the promotion of public welfare
40	Protection of certain rights, such as freedom of speech, etc.
44	Uniform Civil Code for citizens
45	Provision of free and compulsory education for children below the age of 6 years
46	Remedies including writs for the enforcement of fundamental rights
50	Separation of the judiciary from the executive
51	Promotion of international peace and security
51(a)	Fundamental Duties
72	Power of the President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
74	Council of Ministers to aid and advise the President
78	Duties of the Prime Minister in relation to the furnishing of information to the President, etc.
110	Definition of Money Bill
112	Annual Financial Statements
123	Power of the President to promulgate ordinances during the recess of Parliament
143	Power of the President to consult the Supreme Court
155	Appointment of the Governor
161	Organisation of Gram Panchayats
163	Council of Ministers to aid and advise the Governor
167	Power of the Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
169	Abolition or creation of Legislative Councils in the States
200	Assent to Bills
213	Power of the Governor to promulgate ordinances during the recess of the Legislature
226	Duties of the Chief Minister in relation to furnishing information to the Governor, etc.
239(aa)	Special provisions with respect to Delhi
249	Power of Parliament to legislate in the national interest with respect to a matter in the State List
262	Adjudication of disputes relating to waters of inter-state rivers or river valleys
263	Provisions relating to the Inter-State Council
265	Power of the High Court to issue certain writs
275	Federal grants to certain states
280	Finance Commission
300	Suits and proceedings
300(a)	Persons not to be deprived of their property except by authority of law (right to property)
311	Dismissal, removal or reduction in rank of persons employed in a civil capacity under the Union or a State
312	All India Services
315	Public Service Commissions for the Union and the States
320	Functions of Public Service Commissions
323(a)	Administrative Tribunal
324	Superintendence, direction and control of elections to be vested in the Election Commission
330	Reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha
335	Claims of Scheduled Castes and Scheduled Tribes to services and posts
352	Declaration of Emergency (National Emergency)
356	Provisions in case of failure of constitutional machinery in the states
360	Provisions regarding financial emergency
365	Effect of failure to comply with or to give effect to directions given by the Union
368	Power of Parliament to amend the Constitution and the procedure therefor
370	Promotion of educational and economic interests of the Scheduled Castes, the Scheduled Tribes, and other weaker sections

Criticism of the Constitution

• The Indian Constitution has been subject to various criticisms due to its comprehensiveness, diversity, and detail. Critics have assessed it on various grounds, including the following:

“Borrowed Constitution”

• It was called a ‘sack of debt’, a ‘hodge-podge constitution’ and a ‘patchwork document’.

“Carbon copy” of the 1935 Act

• Critics claimed that the Indian Constitution was merely a modified copy of the Government of India Act 1935.
• Experts such as N. Srinivasan and Sir Ivor Jennings said it borrowed most of the provisions from the 1935 Act.
• Constituent Assembly member P.R. Deshmukh called it a ‘revamped Act by adding only adult franchise’.

“Un-Indian” or “anti-Indian” Constitution

• Critics believed that the Constitution did not represent India’s political traditions and cultural identity.
• Constituent Assembly member K. Hanumanthaiah said, “We wanted music from the veena or sitar, but we got the tunes of an English band.”
• Loknath Mishra called it “an imitation of Western culture”.
• Lakshminarayan Sahu had predicted that the Constitution would soon break down.

Distance from Gandhian ideas

• Critics argued that the Indian Constitution did not reflect Gandhian ideology.
• Gandhiji’s Gram Swaraj model was not adopted prominently in the Constitution.
• Constituent Assembly member T. Prakasam said that due to Ambedkar’s differences with Gandhism, the Constitution moved away from Gandhian principles.

Massive and complex constitution

• According to critics, the Indian Constitution is the most detailed and bulky constitution in the world.
• H.V. Kamath called it the “elephant-like Constitution”.
• Many unnecessary provisions were added to it, making it extremely complex.

“Lawyers’ Paradise”

• According to critics, the Constitution is written in excessively legalistic and complex language.
• Sir Ivor Jennings called it “a lawyer’s paradise”.
• H.K. Maheshwari said this would lead to more litigation and people would be more dependent on the courts.
• P.R. Deshmukh called it “burdened with legal language”, making it seem more like a legal treatise than a socio-political document.

Conclusion

• The Indian Constitution is one of the most successful constitutions in the world despite criticism.
• Its broad nature helped it accommodate a pluralistic society like India.
• It is also flexible and incorporates necessary improvements through amendments from time to time.
• The Constitution makers adopted useful elements of foreign constitutions, keeping in mind the Indian conditions.

Despite criticisms, the Indian Constitution has been able to successfully preserve the core principles of democracy, equality, secularism, and socialism.

Views of various scholars
K.C. Wheare	Quasi-union of India
Morris Jones	‘Bargaining union’
Grenville Austin	‘Cooperative federalism’
Ivor Jennings	‘A highly centralizing union’
Ambedkar	‘The Constitution has not been fitted into the narrow framework of federalism.’
D.D. Basu	‘The Indian Constitution is a mixture of federal and unitary.’
Grenville Austin	‘Harmonious Federalism’
Charles Tarlton	‘Asymmetrical federalism’
K. Santhanam	Supremacy of the Union
Paul H. Appleby	‘Highly Federal’
Alfred Stepan	‘Holding Together Federation’
Alfred Stepan has named the Union of India as ‘Holding Together Federation’ in place of America’s Coming Together Federation.
Federalism in India has been dynamic and has seen various models from time to time – cooperative, bargaining, asymmetric, fiscal, competitive.

Symbols of the nation

National flag – 

• Accepted on 22 July 1947
• Length and width – 3:2

National Symbols –

• Ashoka Pillar at Sarnath
• Right and Bull – Economy
• Horse on the left – strength, hard work
• Adopted on 26 January 1950
• 24 sesame seeds  

National Anthem –

• Accepted on 24 January 1950
• It was first sung on 27 December 1911 at the 26th session of the Indian National Congress, Kolkata.
• 5 posts
• Time 52 seconds, last 20 seconds

National Song – 

• Composer: Bankim Chandra Chattopadhyay.
• Time: Composed in the 1870s.
• Music (tune): * The original tune was composed by Rabindranath Tagore.
• The current tune is by Yadunath Bhattacharya.
• Adopted on January 24, 1950
• 12th session held in Kolkata (1896).
• Taken from the novel Anandamaya.
• According to the first President, Dr. Rajendra Prasad, it enjoys the same respect and status as ‘Jana Gana Mana’ (the national anthem).
• The first Indian flag, hoisted by Madame Bhikaji Cama in Germany in 1907, had ‘Vande Mataram’ inscribed in the middle.
• Guidelines issued on January 28, 2026 –If the National Anthem and the National Song are sung together, Vande Mataram will be sung first. All six stanzas of the National Anthem must be sung in 3 minutes and 10 seconds. Standing in an attention position is mandatory during singing. Standing is exempted if the song is played during a film or documentary. The day in government schools will begin with group singing. There is currently no provision for any penalty or legal action for not singing the National Anthem. If needed, its lyrics can be printed and distributed.

National Calendar –

• Based on the Shaka era
• Gregorian calendar 
• Adopted on 22 March 1957.

National Animal 

• 1973 Bengal Tiger Project

National Bird

• Proclaimed on 26 January 1963 

National Heritage Animals

• Asian elephant
• Announced in October 2010 

National currency: symbol

• ₹
• July 2010
• D Uday Kumar

National Aquatic Animal

• Gangetic Dolphin
• May 2010

Basic Structure of the Indian Constitution

Introduction

• The basic structure is nowhere explicitly mentioned in the Indian Constitution.
• Like judicial activism, it is a judicially developed principle.
• The principle was evolved to protect the fundamental features of the Constitution that uphold democratic values and cannot be altered by Parliament through amendments.
• It is a judicial innovation to safeguard the Constitution from arbitrary amendments.
• The Supreme Court laid down the Basic Structure Doctrine on 24 April 1973 in Kesavananda Bharati vs. State of Kerala.

Importance of Basic Structure

• Relates to the fundamental principles of the Constitution.
• Parliament cannot amend it under Article 368.
• Not fully defined, but interpreted by the Supreme Court over time.
• Evolved mainly due to conflicts between Parliament and the judiciary over the right to Property.

Development of Basic Structure Doctrine

• Judicial Decisions related to the Doctrine of Basic Structure
• The Doctrine of Basic Structure in the Indian Constitution has evolved through judicial decisions.

1. Shankari Prasad vs. Union of India (1951)
   • Parliament had full power to amend the Fundamental Rights.
   • Challenge: First Amendment and Ninth Schedule under Articles 31 and 19(1)(f).
   • Court held: Constitutional amendment is not “law” under Article 13(2).
2. Sajjan Singh Case (1965)
   • Validated Shankari Prasad verdict.
3. Golaknath vs. Punjab (1967)
   • Parliament cannot abolish Fundamental Rights by amendment.
   • 6:5 majority (CJI Subba Rao).
   • Introduced the principle of Prospective Overruling.The
   • 17th Amendment struck down.
   • Held: Article 368 only prescribes procedure, does not confer power; Constitution is “law” under Article 13(2).
4. 24th Constitutional Amendment (1971)
   • Parliament clarified its power to amend even Fundamental Rights.
5. Kesavananda Bharati vs. State of Kerala (1973
   • 7:6 majority: Parliament can amend Fundamental Rights but not the basic structure.
   • CJI S.M. Sikri: Supremacy of the Constitution must be preserved.
   • Components of Basic Structure: Supremacy of Constitution, Separation of Powers, Republic, Democracy, Secularism, Federalism, Parliamentary System, Sovereignty, Unity, Individual Liberty, Dignity, Welfare State.
6. Indira Gandhi vs. Raj Narayan (1975)
   • Democracy is part of the Basic Structure.
7. 42nd Amendment (1976)
   • Parliament declared no judicial limit on its amendment powers.
8. Minerva Mills vs. Union of India (1980)
   • Struck down parts of the 42nd Amendment; judicial review is part of basic structure.
   • Parliament’s amendment power is limited.
9. Waman Rao vs. Union of India (1981)
   • Doctrine applies to amendments after 24 April 1973.
   • Further Confirmations
10. S.R. Bommai vs. Union of India (1994): Secularism is part of the Basic Structure; President’s rule upheld in four states under Article 356; federalism, secularism, and democracy are integral.
11. Kihoto Holohan Case (1993): Free and fair elections are part of the Basic Structure.
12. I.R. Coelho Case (2007): Laws in the Ninth Schedule are subject to judicial review; Rule of Law, Separation of Powers, and Fundamental Rights are part of Basic Structure.
13. Supreme Court Advocates-on-Record vs. Union of India (2015): NJAC Act, 2014, struck down to preserve judicial independence.

Current Position

• Parliament can amend any part of the Constitution under Article 368, including Fundamental Rights, but cannot alter the Basic Structure.

Views of Scholars

• Upendra Baxi:
  • Basic Structure is a check on unchecked parliamentary power.
  • Critics called him a “learned fool”.
• Granville Austin: The Supreme Court acted as the guardian of the Constitution through the Basic Structure.
  • Constitution Review Commission (2000): Recommended Basic Structure as a mature feature of the Constitution; chaired by Justice Venkatchaliah.

Impact

• Positive: Innovations like Public Interest Litigation (PIL), expansion of judicial review.
• Negative: Excessive judicial activism can interfere with legislative and executive functions.

Constitutional Articles for the Protection of the Basic Structure

• The judiciary has interpreted the Basic Structure by using the following Articles:
  • Article 13 – The State shall not make any law which takes away or abridges the Fundamental Rights.
  • Article 32 – The right to move the Supreme Court for the enforcement of Fundamental Rights.
  • Article 132 – Appellate jurisdiction of the Supreme Court in constitutional cases.
  • Article 136 – Special leave to appeal by the Supreme Court in any cause or matter.
  • Article 142 – Empowers the Supreme Court to pass such a decree or make such an order as is necessary for doing complete justice.

Impact of the Basic Structure Doctrine

1. The power of Parliament was limited, and it could not alter the Basic Structure of the Constitution.
2. The stability and flexibility of the Constitution were ensured.
3. The judiciary became more powerful in protecting the Constitution.

• The Supreme Court in R.C. Cooper v. Union of India (1970) declared the nationalisation of banks unconstitutional.
• In Madhav Rao Scindia v. Union of India (1970), the Supreme Court declared the abolition of privy purses of the former rulers unconstitutional.