Indian Constitution Parts: The decision of the Supreme Court meant that the Parliament can amend the Constitution, but this amendment is justified only until the basic spirit of the Constitution is not harmed.
The basic spirit of the Indian Constitution is its soul.
The Indian Constitution is the soul of India and the soul of the Constitution is its basic structure. Although there is no word called basic structure in the constitution, but the Supreme Court had given its meaning as the basic spirit of the constitution. According to time, situation and needs, amendments have been made in the Indian Constitution from time to time. Till now there have been 105 amendments in the constitution. Further amendments will be made if needed.
Some provisions of the Indian Constitution are flexible and some are rigid. That is, it is a beautiful mix of flexibility and rigidity. As far as amendments are concerned, according to the provisions and methods mentioned in Article 368, amendments can be made in it. But do you know under which circumstances the constitution cannot be amended under any circumstances?
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Columnist associated with prestigious coaching institute Drishti IAS Sunny Kumar In a conversation with NewsNCR Hindi Digital, every part of the Constitution can be amended, but the rule is that no amendment should violate the ‘Basic Structure’ of the Constitution. The Supreme Court will determine the violation of basic structure.
Understand in detail in 7 points
- There is no proper mention of the word ‘Basic Structure’ in the Constitution of India. But it refers to those provisions recorded in the constitution, which present the constitution and Indian political and democratic ideals. These provisions cannot be removed even by amending the constitution.
- By making negative changes in these provisions, the essence of the constitution will be negatively affected and it will not be good for the general public. Judiciary has intervened from time to time to protect the fundamental rights of the citizens, the ideals and the philosophy of the Constitution.
- To preserve the ideals and philosophy of the Constitution, the Supreme Court has laid down the Basic Structure Doctrine. According to this, the Parliament cannot abolish the basic structure of the principle nor can it bring changes. The same reasoning was given by the Supreme Court in its judgment in Kesavanand vs. State of Kerala.
- In the case of ‘Kesavananda Bharti vs. State of Kerala’, the Supreme Court had explained the basic structure of the Constitution while giving a historic verdict. This is the case, which reminds that governments cannot be above the constitution. In this case, the source of power or government in India is the Constitution. Constitution is supreme. Parliament can amend the constitution but the power of the parliament to amend the constitution is not unlimited.
- On the appeal of Kesavanand Bharti, the Supreme Court propounded the principle of the basic structure of the constitution in this case, which says that the basic structure of the constitution cannot be changed. The decision of the Supreme Court meant that the Parliament can amend the Constitution, but this amendment is justified only as long as the basic spirit of the Constitution is not harmed.
- What is the basic spirit of the constitution? Our constitution makers have called secularism, free elections, federal structure, judicial review and parliamentary democracy as the basic spirit of the constitution. This decision of the Supreme Court in the case ‘Kesavananda Bharti vs. State of Kerala’ itself became a principle in jurisprudence, which was called the ‘Basic Structure Principle of the Constitution’.
- The supremacy of the Constitution is clear. That is, no one is greater than the constitution. The purpose of the Preamble of the Indian Constitution is to establish a sovereign, socialist, secular, democratic republic. All its three organs, the executive, the legislature and the judiciary work according to the constitution.
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