Doctrine Of Basic Structure

Abstract

The Doctrine of Basic Structure is a fundamental principle that shapes the interpretation and scope
of the Indian Constitution. This research paper examines the concept of the Doctrine of Basic Structure,
its legal foundations and its implications for constitutional law in India. This research paper commence
from exploring the concept of the Basic Structure Doctrine, its origin, significance and its role in
preserving the democratic fabric of India’s constitutional framework. This research paper describe how
the doctrine ensures that the essential features of the Constitution cannot be amended or altered by the
elected representatives without undermining the spirit and intent of the founding fathers. The Doctrine
of Basic Structure first emerged as a judicial concept in the historic judgment of the Honorable
Supreme Court in the case of Kesavananda Bharati v. State of Kerala in 19731
. Further, it highlights
the articles in the Constitution of India2 which plays a crucial role in defining the basic structure.
Moreover, this research paper will explore the concept of the Basic Structure Doctrine with the relevant
articles and landmark cases that have strengthened its significance in Indian constitutional law.
Different judgments from the Supreme Court of India have further clarified and reaffirmed the position
of the doctrine in the Indian constitutional framework. This research paper concludes by highlighting
the significance of the Basic Structure Doctrine in safeguarding the essence and integrity of the
Constitution.
Keywords- Doctrine of Basic Structure, Constitution, Article, Challenge, Significance, Amendment,
Principle.