Can the basic features of the Indian Constitution be amended?

The basic features of the Constitution are non-amendable under Article 368. In the seminal Kesavananda Bharti v. Union of India, the following features were considered as the “basic foundation and structure” of the Constitution:(1) Supremacy of the Constitution; (2) Separation of Powers between the legislature, the executive and the judiciary; (3) Republican and democratic form of Government’;(4) Secular character of the Constitution; (5) Federal character of the Constitution; (6) The dignity of the individual secured by the various Fundamental Rights and the mandate to build a welfare state contained in the directive principles; (7) The unity and integrity of the nation.(8) Parliamentary system. The above features have been mentioned as only illustrative and the list is not by any means exhaustive.

Since, Kesavananda, the matter has been considered by the Supreme Court in several cases and the Court has had occasion to declare several features of the Constitution as fundamental features or basic structures of the Constitution.


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