Exploring the Doctrine of Basic Structure in Indian Constitutional Jurisprudence: A Doctrinal Research

Authors: BIKRAM KUMAR SAHU

Country: India

Full-text Research PDF File:   View   |   Download

Abstract: Basic Structure doctrine is the formation of underlying theory of constitutional interpretation in the jurisprudence of Indian constitution, developed through major proclamations by the Judiciary. Referred to for the first time in the Kesavananda Bharati case (1973), the doctrine means the Parliament cannot change or amend the Constitution's basic features and hence acts as a guarantee to the fundamental principles underlying India’s constitutional framework. Therefore, through this doctrinal research paper different degrees and developments regarding the doctrine of basic structure in modern India will be analyzed.
After that, the paper offers a historical narrative of the genesis of the dogma via past judicial forerunners culminating in the judgement of Kesavananda Bharati which enshrined the basic structure doctrine. Interpreting landmark judgments of Minerva Mills, Golaknath etc, the same identifies essential characteristics in the basic structure viz democracy, rule of law, secularism and judicial review. It also explores role of judiciary further to defend the integrity of constitution and restrictions placed on parliamentary power by judiciary
They speculate about the modernization of the principle in the context of contemporary constitutional challenges, including shifts in politics, and emergent social challenges. It then explores criticisms of the doctrine itself, in particular the apprehension of judicial overreach and their petrification in Parliament’s amending power. In-depth comparative analysis would also offer ideas about contemporary debates surrounding the Basic Structure doctrine, with similar doctrines in other constitutional systems worldwide being foci of such analysis. This study thus provides readers with an understanding of the evolution of the doctrine and its relevance to the maintenance of constitutional stability in the Indian polity.

Keywords: Basic Structure Doctrine, Constitutional Jurisprudence, Kesavananda Bharati Case, Judicial Review, Constitutional Amendments

Paper Id: 232308

Published On: 2025-03-26

Published In: Volume 13, Issue 2, March-April 2025

Share this