Concept
of Basic Structure came in "Keshwanad Bharti vs union of India case
1973" for the first time, because basic structure was not mentioned in
Constitution, Court held that Preamble is not basic structure but what is
written in preamble is part of Basic Structure of Constitution.
The
Court overruled Golaknath case 1967, judgment and declared that Article 368 did
not enable Parliament to alter the basic structure or framework of the
Constitution.
•Following are the parts of the basic structure of the constitution:
1. Supremacy of the Constitution
2. A Republican and democratic form of Government
3. The 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)- Bhim Singhji Case
(1981)
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- Indira Gandhi case (1975)
and Kihoto Hollohon Case (1993)
(popularly known as Defection case)
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 Court’s under Articles 226 and 227