Mastering Judicial Review and the Basic Structure Doctrine for SSC 2027

As you prepare for the SSC CGL, CHSL, and CPO exams in 2027, the Indian Polity section remains a cornerstone of the General Awareness syllabus. Among the most complex yet high-yield topics is the Judicial Review and the Basic Structure Doctrine. Understanding how the Supreme Court of India evolved its powers to check legislative overreach is essential for every serious candidate.

What is Judicial Review?

Judicial Review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders of both the Central and State governments. If they are found to be violative of the Constitution (ultra-vires), they can be declared as illegal, unconstitutional, and invalid by the judiciary. Although the term ‘Judicial Review’ is not explicitly mentioned in the Constitution, the power is derived from several articles such as Article 13, 32, 131-136, 143, 226, 246, 251, 254, and 372.

The Evolution of the Basic Structure Doctrine

The conflict between the Parliament’s power to amend the Constitution (Article 368) and the Judiciary’s power to protect Fundamental Rights (Article 13) led to the birth of the ‘Basic Structure Doctrine’. Below is the chronological evolution you must memorize for SSC 2027.

1. Shankari Prasad Case (1951)

The Supreme Court ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. It held that an amendment act is not ‘law’ within the meaning of Article 13.

2. Golaknath Case (1967)

In a major reversal, the Supreme Court ruled that Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights. It stated that a Constitutional Amendment is indeed a ‘law’ under Article 13.

3. Kesavananda Bharati Case (1973)

This is the most famous case in Indian legal history. A 13-judge bench (the largest ever) overruled the Golaknath verdict. It held that while Parliament has the power to amend any part of the Constitution, it cannot alter the ‘Basic Structure’ of the Constitution. This established the doctrine we use today.

4. Minerva Mills Case (1980)

The court further clarified that ‘Judicial Review’ and the ‘Harmony between Fundamental Rights and Directive Principles’ are part of the Basic Structure. It struck down clauses of the 42nd Amendment that tried to give Parliament unlimited amending power.

Interactive Flashcard Challenge

Test your knowledge with these 12 interactive flashcards designed for quick revision. Hover over each card to reveal the answer!

Massive Study Guide: Key Elements of Basic Structure

For SSC 2027, you must know what the Supreme Court has declared as part of the ‘Basic Structure’ over the years. This list is not exhaustive but includes the most tested elements:

• Supremacy of the Constitution: No law or individual is above the Constitution.
• Sovereign, Democratic, and Republican nature: The core identity of the Indian polity.
• Separation of Powers: Between the legislature, executive, and judiciary.
• Federal character: The distribution of powers between Union and States.
• Secularism: The state has no official religion and treats all equally.
• Rule of Law: Everyone is equal before the law.
• Judicial Review: The power to check unconstitutional laws.
• Parliamentary System: The system of government.
• Free and Fair Elections: The bedrock of democracy.
• Independence of Judiciary: Essential for a functioning democracy.
• Limited power of Parliament: Parliament cannot use Article 368 to destroy the Constitution.

Strategic Tips for SSC 2027 Candidates

1. Chronology Matters: SSC often asks to arrange cases in chronological order. Remember: Shankari (51) -> Sajjan (65) -> Golaknath (67) -> Kesavananda (73) -> Minerva (80).

2. Focus on Amendments: Correlate cases with amendments. For example, the 24th and 25th Amendments are closely linked to the lead-up of the Kesavananda case.

3. Article 13 is Key: Understand that Article 13 is the main shield against laws that violate Fundamental Rights.

Conclusion

The journey from the Shankari Prasad case to the current standing of the Basic Structure doctrine shows the resilience of the Indian Constitution. For your 2027 exams, treat this topic as a priority. The Supreme Court’s role as a sentinel on the qui vive (watchful guardian) ensures that the spirit of the Constitution remains intact regardless of the political climate.