The concept of 39 basic structure 39 came into existence in the landmark judgment in the Kesavananda...........

Indian Polity Features of Constitution

The concept of 'basic structure' came into existence in the landmark judgment in the Kesavananda Bharati vs State of Kerala case in 1973. The basic structure theory of the Constitution of India implies that

Certain features of the Constitution are so essential to it that they cannot be abrogated

Fundamental rights cannot be abridged or taken away

The constitution cannot be amended except in accordance with the procedure prescribed in Article 368

The Preamble of the Constitution cannot be amended for it is not a part of the Constitution and at the same time represents its real spirit.

छोटे Courses बड़े Results

Master Features of Constitution

Prepare through Micro-courses

Try Now

Explanation:

The constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution. This means that the Parliament cannot abridge or take away a Fundamental Right that forms a part of the ‘basic structure’ of the Constitution.

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.