Basic Structure Doctrine

Simple Explanation

Overview

The Basic Structure doctrine means Parliament can amend the Constitution, but it cannot destroy its essential features.

Articles / Provisions

Key constitutional references

• Article 368

Core Notes

Key points

• The doctrine was evolved by the Supreme Court in Kesavananda Bharati case.
• It limits Parliament’s power under Article 368.
• The Constitution does not provide an exhaustive list of basic features.
• Features such as supremacy of the Constitution, rule of law, judicial review, secularism and federalism have been treated as part of basic structure.

Prelims Focus

Prelims pointers

• Basic Structure doctrine was laid down in 1973.
• It is linked to Article 368.
• Kesavananda Bharati case had a 13-judge bench.

Mains Focus

Mains angles

• Use it in answers on constitutionalism, judicial review and checks and balances.
• Discuss it as a balance between parliamentary sovereignty and constitutional supremacy.

Practice

Practice questions

1. 1The Basic Structure doctrine protects the identity of the Constitution. Discuss.
2. 2Explain how the Basic Structure doctrine balances democracy and constitutionalism.