Doctrine Of Basic Structure: Evolution And Significance
- IJLLR Journal
- 9 minutes ago
- 1 min read
Devika Saini, Gujarat National Law University, Gandhinagar
ABSTRACT
This article examines the significance of Basic structure doctrine as a key legal principle of Indian Constitutional law. It was originally established by the Hon’ble Supreme Court of India in the landmark judgment Kesavananda Bharati v. State of Kerala (1973), presided over by then Chief Justice of India S.M. Sikri, heading a 13-judge constitutional bench, which limited the legislature’s power to amend the Constitution under Article 368. The paper discusses the background, key issues raised, and the judgment delivered by the apex court, followed by the evolution of Basic Structure doctrine in India’s constitutional history through subsequent developments. It highlights how the Supreme Court of India has refined its judicial reasoning in subsequent cases in order to prevent legislative overreach. Lastly, the article concludes by underscoring the continued relevance of Basic Structure doctrine, emphasizing how it has become an integral part in the Indian legal system by safeguarding individual rights and maintaining a system of checks and balances, ensuring that no organ of government exceeds its jurisdiction.
Keywords: Basic structure doctrine, Constitutional law, Kesavananda Bharati case, Article 368, Judicial Reasoning, Legislative Overreach, Evolution of Doctrine, Checks and Balances, Jurisdiction, Separation of Power.
