Question

What includes the basic structure of the Constitution?

Basic Structure of the Constitution.

Answer 1

The basic structure of the constitution generally includes the following:

1. The federal structure of the Constitution
2. Promotion of unity and integrity of the nation
3. The sovereignty of the nation
4. Secularism and supremacy of the Constitution.

Answer 2

The basic structure of the constitution refers to those core principles and values that form the foundation of the Indian Constitution and cannot be altered or destroyed even by a constitutional amendment. This doctrine was laid down by the Supreme Court in the Kesavananda Bharati case (1973). It ensures that while Parliament has the power to amend the Constitution under Article 368, such amendments cannot damage its essential features.

Key elements of the basic structure include

• Supremacy of the Constitution
• Sovereignty and unity of the nation
• Democracy and secularism
• Federalism
• Rule of law
• Judicial review
• Independence of the judiciary
• Fundamental Rights
• Free and fair elections

This doctrine acts as a safeguard to protect the spirit of the Constitution and uphold constitutional democracy in India.