Elements of the Basic Structure
Although not explicitly defined in the text of the Constitution, several key elements have been identified by the judiciary as forming its basic structure. These elements ensure that the Constitution remains a robust instrument of governance:
- Supremacy of the Constitution: The Constitution is the supreme law of the land.
- Democratic and Republican Form of Government: The government is elected by and accountable to the people.
- Secularism: The state maintains neutrality in matters of religion.
- Separation of Powers: Distinct functions and checks among the legislature, executive, and judiciary.
- Judicial Review: Courts have the authority to review amendments and laws to ensure they do not infringe on the core structure.
- Federalism: A balanced distribution of powers between the Centre and the States.
- Rule of Law and Protection of Fundamental Rights: Guarantees individual freedoms and maintains legal integrity.
These elements collectively preserve the foundational identity of the Indian Constitution, ensuring that any amendment does not undermine its essential character.