Evolution And Significance Of Basic Structure Doctrine In India
Vipul, Manav Rachna University, Faridabad
ABSTRACT
The “Doctrine of Basic Structure” was devised by the Judicial system 53 years ago, by the landmark judgement Kesavananda Bharti Sripadagalvaru v. State of Kerala. The lengthy judgement of the Hon’ble Supreme Court was the desperate attempt of the judiciary to guard the constitutional integrity against the arbitrary amendment by the Legislature.
The paper is an attempt to provide the reader a comprehensive analysis of the various judgements such as Sankari Prasad v. Union of India, Sajjan Singh v. State of Rajasthan, Golak Nath v. State of Punjab, Kesavananda Bharti Sripadagalvaru v. State of Kerala, Indira Nehru Gandhi v. Raj Narain, Minerva Mills v. Union of India, and followed by Indra Sawhney v. Union of India. The paper provides a brief overview of these judgements and also provides the critical analysis of the “Doctrine of Basic Structure”. The paper is an attempt to help the reader to form a clear opinion about the doctrine of the basic structure. Herein cited in the footnotes, are the relevant official sources and various research papers and judgements of the court that I have used to write this paper.
