The Basic Structure Doctrine

September 5, 2023

The “Basic Structure Doctrine” is a legal and constitutional idea with Indian roots that has had a big influence on how the Indian Constitution is interpreted. The notion that certain core or essential elements of the constitution cannot be changed or updated by the legislative or executive arms of government through customary constitutional amendment procedures is referred to. These defining characteristics are revered as sacred and serve as the foundation for the constitution’s identity.

In the historic decision of Kesavananda Bharati v. State of Kerala in 1973, the Indian Supreme Court introduced the Basic Structure Doctrine for the first time. The court in this case determined that while the Indian Parliament has the authority to change the constitution, it lacked the authority to alter it’s basic structure. The court held that amendments that violated the basic structure of the constitution would be deemed unconstitutional.

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This article is written by Shivani Singh faculty at Jyoti Judiciary.

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