Basic Structure As A Limitation To Parliamentary Sovereignty

Shagun Rastogi, Bennett University, Greater Noida

INTRODUCTION

The fundamental structure theory is a cornerstone of Indian constitutional law. The Indian Parliament cannot change the fundamental sections of the Indian Constitution because of the notion of the basic structure. The Indian Constitution is a living text that may be updated as needed to reflect changing social norms and circumstances. Parliament has the authority to make constitutional changes at any time as required by Article 368. The procedure for alteration is also described (in full) in the Article. The fundamental structure concept was created by lawyers to avoid any misuse of power by Parliament in regards to making amendments. The basic idea is that-No changes should be made to the basic structure of the Indian Constitution when it loses some of its individuality.One major tenet of "basic structure" is that predetermined rule.

The tenets of the Indian Constitution, which serve as the basis for lawmaking in Parliament, remain unchangeable modified by a change in the law. While the modern version of the idea did not always exist, has been gradually developed and backed by courts all around the country.

The Constitutional provisions dealing with basic structure are likewise subject to Basic Structure Doctrine about the judicial system's autonomy. Several of the changes were ruled invalid by the court. because of this, Parliament was able to select additional judges.