ELEMENTS OF THE BASIC STRUCTURE‌

The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the 'basic structure’ of the Constitution. However, the Supreme Court is yet to define or clarify as to what constitutes the 'basic structure’ of the Constitution. From the various judgements, the following have emerged as 'basic features’ of the Constitution or elements of the 'basic structure’ of the constitution:

1. Supremacy of the Constitution

2. Sovereign, democratic and republican nature of the Indian polity

3. Secular character of the Constitution

4. Separation of powers between the legislature, the executive and the judiciary

5. Federal character of the Constitution

6. Unity and integrity of the nation

7. Welfare state (socio-economic justice)

8. Judicial review

9. Freedom and dignity of the individual

10. Parliamentary system

11. Rule of law

12. Harmony and balance between Fundamental Rights and Directive Principles

13. Principle of equality

14. Free and fair elections

15. Independence of Judiciary

16. Limited power of Parliament to amend the Constitution

17. Effective access to justice

18. Principles (or essence) underlying fundamental rights

19. Powers of the Supreme Court under Articles 32, 136, 141 and 1426

20. Powers of the High Courts under Articles 226 and 2277

Table 11.1 Evolution of the Basic Structure of the Constitution