The Doctrine of Basic Structure

The Doctrine of Basic Structure

The doctrine of basic structure is a judicial innovation introduced by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). It asserts that the Indian Constitution has certain fundamental features that cannot be altered or abolished, even through constitutional amendments. While the Constitution itself does not explicitly mention the term "basic structure," the Supreme Court has identified these core elements through various judgments. Key Elements of the Basic Structure The Supreme Court has, over time, identified several elements that constitute the basic structure of the Indian Constitution: Supremacy of the Constitution : The Constitution is the supreme law of the land, and all other laws must conform to its provisions. Republican and Democratic Form of Government: India is a republic, where power rests with the people, and a democracy, where the government is elected by the people. Parliamentary Form of Government: The Constitution…