01 Read
What happened
The Basic Structure Doctrine emerged from Kesavananda Bharati v. State of Kerala (1973), establishing that Parliament cannot alter the Constitution's basic structure through amendments. The 13-judge bench ruled that while Article 368 grants amendment powers, certain features like democracy, rule of law, and judicial review are unamendable. Recent applications include striking down the 99th Amendment creating NJAC in NJAC v. Union (2015), and debates around the Collegium system. The doctrine remains pivotal in constitutional interpretation, balancing legislative supremacy with constitutional sanctity.
02 Understand
Why it matters
The Basic Structure Doctrine represents a judicial innovation that fundamentally altered India's constitutional landscape. Prior to Kesavananda Bharati, Parliament's amendment power under Article 368 was considered virtually unlimited, as established in Shankari Prasad and Sajjan Singh cases. However, the 1973 verdict introduced the concept that certain constitutional features form an inviolable core. This doctrine emerged from concerns about potential authoritarian overreach, particularly after the 24th and 25th Amendments reduced property rights and expanded Parliament's amendment powers. The Supreme Court identified features like federalism, secularism, democracy, separation of powers, and judicial review as basic structure elements. Recent applications demonstrate its continued relevance: the NJAC judgment struck down constitutional amendments for violating judicial independence, while debates around the Collegium system reflect ongoing tensions between executive accountability and judicial autonomy. The doctrine serves as a constitutional safety valve, preventing majoritarian excess while maintaining democratic flexibility. It represents a uniquely Indian contribution to constitutional jurisprudence, balancing the need for constitutional adaptation with protection of fundamental democratic values.
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