Open Access Research Article
BASIC STRUCTURE DOCTRINE: EVOLUTION AND CURRENT STATUS IN INDIAN CONSTITUTIONAL LAW
Abstract
Abstract
The Basic
Structure Doctrine represents one of the most significant developments in
Indian constitutional jurisprudence. Although the Constitution of India
expressly confers power upon Parliament to amend the Constitution under Article
368, the Supreme Court of India has held that this power is not unlimited.
Parliament may amend the Constitution, including provisions relating to
Fundamental Rights, but it cannot alter or destroy those fundamental features
which constitute the Constitution's basic structure.
The doctrine
was authoritatively formulated in Kesavananda
Bharati v State of Kerala (1973), where a thirteen-Judge Bench, by a narrow
majority, held that the amending power under Article 368 is subject to implied
limitations. The judgment did not provide an exhaustive catalogue of basic
features. Instead, subsequent constitutional decisions gradually identified
features such as constitutional supremacy, republican and democratic
government, secularism, federalism, separation of powers, judicial review, rule of law, independence of the judiciary,
free and fair elections, and the dignity and liberty of the individual as
components of the constitutional structure.
The doctrine subsequently acquired
greater significance in Indira Nehru
Gandhi v Raj Narain, Minerva Mills Ltd v Union of India, Waman Rao v Union
of India, S.R. Bommai v Union
of India, L. Chandra Kumar v
Union of India, I.R. Coelho v State of Tamil
Nadu, and Supreme Court
Advocates-on-Record Association v Union of India. More recent
jurisprudence, including the Constitution Bench decision in Property Owners' Association v State of
Maharashtra (2024), demonstrates that the doctrine continues to operate as
a limitation upon constitutional amendment power while maintaining an important
distinction between constitutional amendments and ordinary legislation.
The paper
examines the historical evolution, constitutional foundation, judicial
development, criticisms, contemporary application, and future significance of
the doctrine. It argues that the Basic
Structure Doctrine is best understood not as a judicial power to prevent
constitutional change, but as a constitutional limitation designed to preserve
the identity and continuity of the constitutional order while permitting
democratic constitutional evolution.
Published Paper
Author Details
Authors: ARULRAJ P
Registration ID: 1013192 | Published Paper ID: IJLRA13192
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1119-1145
Article Information
BASIC STRUCTURE DOCTRINE: EVOLUTION AND CURRENT STATUS IN INDIAN CONSTITUTIONAL LAW
Authors: ARULRAJ P
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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