REVISITING THE BASIC STRUCTURE DOCTRINE: SAFEGUARDING INDIA’S CONSTITUTIONAL IDENTITY

AUTHOR – MANJUSHA BHENWAL, ASSISTANT PROFESSOR, ANJUMAN-I-ISLAM’S BARRISTER A R ANTULAY COLLEGE OF LAW. EMAIL – MANJUSHABHENWAL@GMAIL.COM

BEST CITATION – MANJUSHA BHENWAL, REVISITING THE BASIC STRUCTURE DOCTRINE: SAFEGUARDING INDIA’S CONSTITUTIONAL IDENTITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 412-419, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The doctrine of basic structure, championed by the landmark judgement Kesavananda Bharati v. State of Kerala (1973), has emerged as a critical guardian of constitutional supremacy in India[1]. This doctrine prevents the Parliament from altering the Constitution’s fundamental framework even through constitutional amendments. This research paper traces the evolution of this doctrine through significant judgments and scholarly discourse, exploring its legal status, strengths, ambiguities, and implications for democratic governance. Despite the doctrine’s central role in Indian constitutional law, research gaps remain in terms of its scope, consistency in judicial application, and comparative relevance. Employing doctrinal and analytical methodology, this paper delves into relevant case laws and academic perspectives. The study concludes with practical suggestions to refine the doctrine’s interpretation to preserve constitutional values amidst modern challenges.

Keywords: Indian Constitution, Constitutional Supremacy Basic Structure Doctrine, Constitutional Amendments, Constitutional Morality, Constitutional Identity, Judicial Review, Federalism in India, Secularism, Judicial Activism.

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[1] Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.