Frequently Asked Questions
What is the Basic Structure Doctrine?
Basic Structural Doctrine is a constitutional principle which holds that Parliament does not have power to change some basic aspect in Constitution.
What was the development of Basic Structure Rule?
But the doctrine of basic structure was conceived in Kesavananda Bharati case by India’s Supreme Court which came from year 1973.
How is basic structure defined? Is there a definitive list?
No, there’s no complete list. The court has pointed out that some of the features such as supremacy, democracy and federalism etc which should be catered for in its structure.
What does the Basic Structure Doctrine make of constitutional amendments?
Therefore, the role of court is to tame amendment power and check it against issuing alterations which affect fundamental structure.
Does this mean that the Basic Structure Doctrine can be adaptable or amendable?
This interpretation and implementation however may change under other court orders.
Basic Structure Doctrine of Indian Constitution
The Basic Structure Doctrine is a foundation stone in comprehending the vitality and plastic nature of our Constitution. This doctrine, established by the Indian Supreme Court serves as a guiding principle. It protects Constitution’s basic structure against amendments that might change its essential concepts. But defining the core of Basic Structure Doctrine reveals the crux of India’s constitutional spirit and its promise to defend democratic values, rights, and rule by law. This article discusses the Basic Structure Doctrine in India, a constitutional principle that limits Parliament’s power to amend fundamental aspects of the Constitution, preserving its core principles.
Table of Content
- Evolution of Basic Structure Doctrine
- Evolution of the Basic Structure Concept
- Shankari Prasad Case – 1951
- Berubari Union Case – 1960
- Sajjan Singh Case -1965
- Golaknath case – 1967
- 24th Constitution Amendment Act – 1971
- Kesavananda Bharati vs. State of Kerala – 1973
- Indira Nehru Gandhi v. Raj Narain case – 1975
- 42nd Amendment Act – 1976
- Minerva Mills case -1980
- Waman Rao Case (1981)
- Indra Sawhney versus Union of India – 1992
- Kihoto Hollohan Case -1993
- S.R. Bommai case – 1994
- Significance of the Basic Structure Doctrine
- Criticisms of Basic Structure Doctrine