Kesavananda Bharati vs. State of Kerala – 1973
- On the other hand, Supreme Court decided that Parliament could change any part of constitution so long as it did not touch its basic structure.
- The Court laid the basis of constitutionalism.
- Thus this landmark judgment implied that every provision of the Constitution can be amended but these amendments are subject to judicial review in order to detect whether they affect or not Iraqi constitution’s Basic Structure.
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