Genesis And Evolution Of The Basic Structure Doctrine In The Indian Constitution
- IJLLR Journal
- Mar 8
- 1 min read
Swarnava Das, B.A.LL.B. (Hons.), Faculty of Law, Iswar Saran Degree College, University of Allahabad, Prayagraj
Kaushalendra Pratap Pathak, B.A.LL.B. (Hons.), Faculty of Law, Iswar Saran Degree College, University of Allahabad, Prayagraj
ABSTRACT
The basic structure doctrine of the Indian Constitution stands as a cornerstone of the Indian constitutional jurisprudence, imposing judicial limits on the parliament’s amending power under article 368 of the constitution of India. Genesis in the landmark case of Kesavananda Bharati v. State of Kerala, (1973), it had emerged from the early conflicts regarding the land reforms and fundamental rights, and evolving through subsequent cases to safeguard the constitution’s essential features. This paper has traces its genesis from the pre-independence constitutional framing to its maturation in contemporary challenges, analyzing key judgments, theoretical underpinnings, and critiques. Drawing on doctrinal analysis, it argues that the doctrine balances the democratic flexibility along with the constitutional identity.
Keywords: Basic Structure Doctrine, Kesavananda Bharati, Land Reforms, Fundamental Rights, Indian Constitution.
