What is the basic structure doctrine of the Indian Constitution?
Lost your password? Please enter your email address. You will receive a link and will create a new password via email.
Please briefly explain why you feel this question should be reported.
Please briefly explain why you feel this answer should be reported.
Please briefly explain why you feel this user should be reported.
The Basic Structure Doctrine is a judicial principle in Indian constitutional law that holds certain fundamental features of the Constitution as inviolable, meaning they cannot be altered or destroyed even by a constitutional amendment. This doctrine was first established by the Supreme Court in the landmark Kesavananda Bharati v. State of Kerala (1973) case. According to this doctrine, while Parliament has wide powers to amend the Constitution under Article 368, it cannot change or abrogate the “basic structure” or essential features of the Constitution. These features include the supremacy of the Constitution, the rule of law, separation of powers, judicial review, federalism, and the democratic and secular nature of the state, among others. The doctrine acts as a safeguard against the misuse of amending power and ensures that the core values and identity of the Constitution remain intact, thereby upholding the spirit of the Constitution and protecting citizens’ fundamental rights.
Stay updated with C4S Courses.