THE DOCTRINE OF BASIC STRUCTURE OF THE CONSTITUTION OF INDIA

AUTHORS – GARIMA & HANISHA SULODIA

RESEARCH SCHOLARS AT FAIRFIELD INSTITUTE OF MANAGEMENT AND TECHNOLOGY

BEST CITATION – GARIMA & HANISHA SULODIA, THE DOCTRINE OF BASIC STRUCTURE OF THE CONSTITUTION OF INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 257-262, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The Indian Constitution is the longest and most precious living document of India. It structures governance, safeguards rights and allocates powers among various parts of the state. But there has always been an open debate about how far Parliament can go in amending the Constitution. The idea of Basic Structure propounded through judicial construction is a significant concept in Indian constitutional law. It explains that Parliament can amend all , Article 368 is a power and Parliament can alter any provision of the Constitution, but not its basic structure or essential features. This principle serves as a shield against authoritarianism, preserving the Constitution’s fundamental nature irrespective of the alterations in political circumstances. 

The Indian Constitution is an inspired document that emerged from India’s struggle for independence and the hard work of its founding fathers. This doctrine originated from the famous Kesavananda Bharati case (1973).. This decision marked a crucial moment in Indian constitutional law. It ensures that although the Constitution can change, it cannot be dismantled by temporary political majorities.

The framers gave Parliament broad amending powers under Article 368, but they did not clearly state if there were any limits to this power. This uncertainty triggered several court cases, starting with Shankari Prasad v. Union of India (1951) and ending with the Keshvananda Bharati case. In this case, the Supreme Court decided that Parliament could not change the basic features of the Constitution. The doctrine then became a judicial guard against authoritarianism. It helps ensure that core values like democracy, the rule of law, secularism, and judicial independence are protected from political interference.

KEYWORDS– Basic structure, Constitution, Amendment, Judicial Review