Thanks to visit codestin.com
Credit goes to www.scribd.com

Scribd
Upload
35 views3 pages

Basic Structure Doctrine

The Basic Structure Doctrine, articulated by the Supreme Court of India in the Kesavananda Bharati case (1973), asserts that while Parliament can amend the Constitution, it cannot alter its fundamental 'basic structure'. Key features include the supremacy of the Constitution, rule of law, and independence of the judiciary, among others, which are not exhaustively listed. This doctrine serves to limit parliamentary power, preserve democracy, and ensure judicial supremacy, making it a significant aspect of Indian constitutional law.

Uploaded by

jesusnithin859
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
35 views3 pages

Basic Structure Doctrine

The Basic Structure Doctrine, articulated by the Supreme Court of India in the Kesavananda Bharati case (1973), asserts that while Parliament can amend the Constitution, it cannot alter its fundamental 'basic structure'. Key features include the supremacy of the Constitution, rule of law, and independence of the judiciary, among others, which are not exhaustively listed. This doctrine serves to limit parliamentary power, preserve democracy, and ensure judicial supremacy, making it a significant aspect of Indian constitutional law.

Uploaded by

jesusnithin859
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 3

Basic Structure Doctrine of the Indian Constitution

Origin of the Doctrine

The doctrine was first clearly articulated by the Supreme Court of India in the Kesavananda Bharati

v. State of Kerala (1973) case. In this landmark judgment, a 13-judge bench ruled (by a 7-6 majority)

that:

Parliament has wide powers to amend the Constitution, but it cannot alter or destroy its 'basic

structure'.

Key Features of the Basic Structure Doctrine

The doctrine is not explicitly mentioned in the Constitution. Instead, it has evolved through judicial

interpretation. The Supreme Court has held that the following elements form part of the basic

structure:

1. Supremacy of the Constitution

2. Rule of law

3. Separation of powers

4. Judicial review

5. Federalism

6. Secularism

7. Sovereign, Democratic, and Republic character of the Indian polity

8. Unity and integrity of the nation

9. Free and fair elections

10. Independence of the judiciary

11. Fundamental Rights

12. Parliamentary system of government

These elements are illustrative, not exhaustive. The Supreme Court decides what forms the basic
Basic Structure Doctrine of the Indian Constitution

structure based on the case and context.

Significance of the Doctrine

- Limits Parliamentary power: It acts as a check on the power of Parliament to amend the

Constitution.

- Preserves democracy: It ensures that the core principles of the Constitution remain intact,

protecting India's democratic framework.

- Ensures judicial supremacy: It reinforces the role of the judiciary as the guardian of the

Constitution.

Major Cases Related to the Doctrine

1. Shankari Prasad (1951) and Sajjan Singh (1965) - Initially held that Parliament had the power to

amend any part of the Constitution, including Fundamental Rights.

2. Golak Nath v. State of Punjab (1967) - Ruled that Parliament could not amend Fundamental

Rights.

3. Kesavananda Bharati (1973) - Introduced the Basic Structure Doctrine, balancing parliamentary

power and constitutional supremacy.

4. Indira Gandhi v. Raj Narain (1975) - Declared that judicial review and democracy are part of the

basic structure.

5. Minerva Mills v. Union of India (1980) - Strengthened the doctrine by reaffirming limits on

Parliament's amending power.

Conclusion

The Basic Structure Doctrine is a unique contribution of Indian constitutional jurisprudence. It


Basic Structure Doctrine of the Indian Constitution

preserves the identity and philosophy of the Constitution, ensuring that amendments do not

compromise its fundamental character.

You might also like