Basic Structure Doctrine
/ˈbeɪsɪk ˈstrʌktʃər ˈdɒktrɪn/
Constitutional Doctrine
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Definition
A uniquely Indian constitutional doctrine holding that certain essential features of the Constitution form its 'basic structure' which Parliament cannot destroy even through constitutional amendment under Article 368. Identified features include: supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal structure, judicial review, fundamental rights, rule of law, free and fair elections, and unity and integrity of India.
Examples
Case Study
The doctrine was first articulated in Kesavananda Bharati v. State of Kerala (1973) by a 13-judge bench in a 7:6 majority decision. Chief Justice Sikri's majority held that while Parliament has wide amending power, it cannot use it to destroy the identity of the Constitution. The doctrine became the most powerful tool against constitutional subversion — it was invoked to strike down the 39th Amendment (Indira Gandhi Election case, 1975) and the 99th Amendment (NJAC case, 2015).
Key Cases
Kesavananda Bharati v. State of Kerala
1973AIR 1973 SC 1461
THE most important constitutional judgment in Indian history. 13-judge bench (largest ever). 7:6 majority created the basic structure doctrine, holding Parliament cannot amend the basic structure. The very sheet-anchor of Indian constitutionalism.
View on Indian Kanoon →S.R. Bommai v. Union of India
1994(1994) 3 SCC 1
9-judge bench. Held that secularism is a basic structure feature. President's Rule under Article 356 is subject to judicial review. Landmark federalism and secularism judgment.
View on Indian Kanoon →Minerva Mills v. Union of India
1980AIR 1980 SC 1789
Struck down clauses of the 42nd Amendment that excluded any constitutional amendment from judicial review. Held that judicial review of constitutional amendments is itself a basic structure feature. Balanced rights and directive principles.
View on Indian Kanoon →