The Basic Structure Doctrine is a landmark judicial principle developed by the Supreme Court to ensure that Parliament cannot alter the fundamental framework and core values of the Indian Constitution through amendments.
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- Basic Structure Doctrine was established in the historic Kesavananda Bharati case of 1973.
- Doctrine states that Parliament cannot amend the core structure of the Constitution under Article 368.
- It protects essential constitutional principles from arbitrary amendments.
- Key features include supremacy of Constitution, rule of law and judicial review.
- Federalism, secularism, democracy and separation of powers are also part of the basic structure.
- Doctrine ensures balance between parliamentary power and constitutional limitations.
- Concept evolved due to concerns over repeated constitutional amendments after independence.
- Early cases like Shankari Prasad and Sajjan Singh supported Parliament’s broad amendment powers.
- Golaknath case in 1967 restricted Parliament from amending Fundamental Rights.
- 24th Constitutional Amendment restored Parliament’s power to amend the Constitution.
- Kesavananda Bharati judgment allowed amendments but barred changes to basic structure.
- Indira Gandhi case reinforced judicial review as part of the Constitution’s core framework.
- Minerva Mills case struck down provisions giving unlimited amendment powers to Parliament.
- S.R. Bommai case declared secularism, democracy and federalism as basic structure elements.
- IR Coelho case allowed judicial review of Ninth Schedule laws violating basic structure.
- Doctrine safeguards constitutional stability and protects citizens’ democratic rights.
- Critics argue that the doctrine increases judicial activism and limits parliamentary sovereignty.
- Despite criticism, it remains one of the strongest safeguards of Indian constitutional democracy.




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