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The Basic 
Structure of the 
Constitution
Page 2


The Basic 
Structure of the 
Constitution
Essential Components of a 
Constitutional Framework
1
Preamble
The preamble sets out the national goals and 
aspirations.
2
Fundamental Rights
These rights guarantee citizens' basic liberties 
and protections.
3
Directive Principles
These principles guide government policies and 
actions.
4
Government Organization
Defines the structure and powers of government 
branches.
The basic structure of a constitution encompasses a 
range of critical elements, each serving a distinct 
purpose in establishing a nation's legal and political 
identity. These elements collectively form the 
foundational framework of a nation's legal and political 
system, ensuring stability, justice, and the rule of law.
Page 3


The Basic 
Structure of the 
Constitution
Essential Components of a 
Constitutional Framework
1
Preamble
The preamble sets out the national goals and 
aspirations.
2
Fundamental Rights
These rights guarantee citizens' basic liberties 
and protections.
3
Directive Principles
These principles guide government policies and 
actions.
4
Government Organization
Defines the structure and powers of government 
branches.
The basic structure of a constitution encompasses a 
range of critical elements, each serving a distinct 
purpose in establishing a nation's legal and political 
identity. These elements collectively form the 
foundational framework of a nation's legal and political 
system, ensuring stability, justice, and the rule of law.
Emergence of the Basic Structure: 
Landmark Cases
1
Shankari Prasad Case (1951)
Parliament can amend Fundamental Rights; 
amendment acts are not 'law' under Article 13.
2
Sajjan Singh Case (1964)
Affirmed Parliament's power to amend the 
Constitution under Article 368.
3
Golak Nath Case (1967)
Fundamental Rights are immutable; Parliament 
cannot amend them. Amendment acts can be void.
4
24th Amendment Act (1971)
Parliament can amend Fundamental Rights; such acts are not 'law' 
under Article 13.
The doctrine of basic structure did not emerge overnight. The 
evolution of the doctrine can be traced through a series of 
landmark cases. These decisions shaped the understanding of 
constitutional amendability and the limits of parliamentary 
power.
Page 4


The Basic 
Structure of the 
Constitution
Essential Components of a 
Constitutional Framework
1
Preamble
The preamble sets out the national goals and 
aspirations.
2
Fundamental Rights
These rights guarantee citizens' basic liberties 
and protections.
3
Directive Principles
These principles guide government policies and 
actions.
4
Government Organization
Defines the structure and powers of government 
branches.
The basic structure of a constitution encompasses a 
range of critical elements, each serving a distinct 
purpose in establishing a nation's legal and political 
identity. These elements collectively form the 
foundational framework of a nation's legal and political 
system, ensuring stability, justice, and the rule of law.
Emergence of the Basic Structure: 
Landmark Cases
1
Shankari Prasad Case (1951)
Parliament can amend Fundamental Rights; 
amendment acts are not 'law' under Article 13.
2
Sajjan Singh Case (1964)
Affirmed Parliament's power to amend the 
Constitution under Article 368.
3
Golak Nath Case (1967)
Fundamental Rights are immutable; Parliament 
cannot amend them. Amendment acts can be void.
4
24th Amendment Act (1971)
Parliament can amend Fundamental Rights; such acts are not 'law' 
under Article 13.
The doctrine of basic structure did not emerge overnight. The 
evolution of the doctrine can be traced through a series of 
landmark cases. These decisions shaped the understanding of 
constitutional amendability and the limits of parliamentary 
power.
Landmark Cases in Basic Structure Doctrine
Kesavananda Bharati Case 
(1973)
Introduced the 'basic 
structure' doctrine; Parliament 
cannot alter fundamental 
features of the Constitution.
Indira Gandhi Case (1975)
Applied the 'basic structure' 
doctrine; invalidated a 
provision of the 39th 
Amendment.
42nd Amendment Act 
(1976)
Attempted to remove 
limitations on Parliament's 
power and exclude judicial 
review; response to basic 
structure.
The Kesavananda Bharati case marks a turning point in Indian constitutional law, establishing the 
principle that while the constitution can be amended, the basic tenets cannot be changed. This 
principle protects the core values of the constitution from legislative overreach.
Page 5


The Basic 
Structure of the 
Constitution
Essential Components of a 
Constitutional Framework
1
Preamble
The preamble sets out the national goals and 
aspirations.
2
Fundamental Rights
These rights guarantee citizens' basic liberties 
and protections.
3
Directive Principles
These principles guide government policies and 
actions.
4
Government Organization
Defines the structure and powers of government 
branches.
The basic structure of a constitution encompasses a 
range of critical elements, each serving a distinct 
purpose in establishing a nation's legal and political 
identity. These elements collectively form the 
foundational framework of a nation's legal and political 
system, ensuring stability, justice, and the rule of law.
Emergence of the Basic Structure: 
Landmark Cases
1
Shankari Prasad Case (1951)
Parliament can amend Fundamental Rights; 
amendment acts are not 'law' under Article 13.
2
Sajjan Singh Case (1964)
Affirmed Parliament's power to amend the 
Constitution under Article 368.
3
Golak Nath Case (1967)
Fundamental Rights are immutable; Parliament 
cannot amend them. Amendment acts can be void.
4
24th Amendment Act (1971)
Parliament can amend Fundamental Rights; such acts are not 'law' 
under Article 13.
The doctrine of basic structure did not emerge overnight. The 
evolution of the doctrine can be traced through a series of 
landmark cases. These decisions shaped the understanding of 
constitutional amendability and the limits of parliamentary 
power.
Landmark Cases in Basic Structure Doctrine
Kesavananda Bharati Case 
(1973)
Introduced the 'basic 
structure' doctrine; Parliament 
cannot alter fundamental 
features of the Constitution.
Indira Gandhi Case (1975)
Applied the 'basic structure' 
doctrine; invalidated a 
provision of the 39th 
Amendment.
42nd Amendment Act 
(1976)
Attempted to remove 
limitations on Parliament's 
power and exclude judicial 
review; response to basic 
structure.
The Kesavananda Bharati case marks a turning point in Indian constitutional law, establishing the 
principle that while the constitution can be amended, the basic tenets cannot be changed. This 
principle protects the core values of the constitution from legislative overreach.
Key Elements of the Basic 
Structure
Supremacy of the Constitution
The Constitution is the supreme law of the land.
Sovereign, Democratic, and Republican Polity
India is a sovereign, democratic republic.
Secular Character
The Constitution guarantees religious freedom.
Separation of Powers
Division of powers between legislature, executive, and 
judiciary.
Several elements are considered fundamental to the basic 
structure of the Indian Constitution. These features reflect the 
core values and principles upon which the nation is founded, 
ensuring that the Constitution remains true to its original intent 
and purpose.
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