Basic Features of the Constitution according to the Kesavanada verdict each judge laid out separately, what he thought were the basic or essential features of the Constitution.
Sikri, C.J. explained that the concept of basic structure included:
# Supremacy of the Constitution
# Republican and democratic form of government
# Secular character of the Constitution
# Separation of powers between the legislature, executive and the judiciary
# Federal character of the Constitution
Shelat, J. and Grover, J. added three more basic features to this list:
# The mandate to build a welfare state contained in the Directive Principles of State Policy
# Unity and integrity of the nation
# Sovereignty of the country.
Unegde, J. and Mukherjea, J. identified a separate and shorter list of basic features:
# Sovereignty of India
# Democratic character of the polity
# Unity of the country
# Essential features of the individual freedoms secured to the citizens
# Mandate to build a welfare state
Jaganmohan Reddy, J. stated that elements of the basic features were to be found in the Preamble Of the Constitution and the provisions into which they translated such as:
# Sovereign democratic republic
# Justice - social, economic and political
# Liberty of thought, expression, belief, faith and worship
# Equality of status and the opportunity.
He said that the Constitution would not be itself without the fundamental freedoms and the directive principles. [7]
Former Chief Justice K. Subba Rao in an article on the two judgments Golaknath and Kesavananda Bharati, expressed the view:
"The existence of a remote judicial control may only act as a brake against hasty and unreasonable legislative and executive action and as a form of guarantee to the public against instability. The stability of the Constitution stabilizes the State."[8]
Basic Structure concept reaffirmed- the Indira Gandhi Election case In Indira Gandhi v. Raj Narayan[9] the Supreme Court applied the theory of basic structure and struck down cl.(4) of article 329-A,which was inserted by the 39th Amendment in 1975 on the ground that it was beyond the amending power of the parliament as it destroyed the ? basic feature? of the constitution. The amendment was made to the jurisdiction of all courts including SC, over disputes relating to elections involving the Prime Minister of India.
Basic Features of the Constitution according to the Election case verdict Again, each judge expressed views about what amounts to the basic structure of the Constitution: Justice Y.V. Chandrachud listed four basic features which he considered unamendable:
# Sovereign democratic republic status
# Equality of status and opportunity of an individual
# Secularism and freedom of conscience and religion
# 'government of laws and not of men' i.e. the rule of law
Justice H.R. Khanna- democracy is a basic feature of the Constitution and includes free and fair elections.
Basic structure doctrine reaffirmed - the Minerva Mills