The Basic Structure Doctrine: Scope And Applicability

Trisha Jawahar, O.P Jindal Global University


The Basic Structure Doctrine, established in the landmark case of Kesavananda Bharati in 1973, acts as a tool for the judiciary to maintain a balance of power between itself and the legislature, to ensure the certain fundamental factors envisaged in the Constitution is not lost. It has been 47 years since the inception of the doctrine, and yet it continues to evolve and grow. This paper, therefore, will attempt to highlight the ever-expanding scope of the doctrine. Through an analysis of various judgments pronounced on the matter, this paper will delineate not just what features form the basic structure of the Constitution, but also analyse the arguments of its applicability to legislation and to the judiciary. Subsequently, this paper attempts to provide some recommendations to ensure the clarity of the scope and applicability of the doctrine.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.