The Basic Structure Doctrine As A Constitutional Safeguard: Insights From Landmark Judgments

Abstract

The Supreme Court in the Kesavananda Bharti case (1973) held that the parliament can amend any part of the constitution without altering the basic structure of the constitution. The term basic structure has not been defined in the constitution, but it has been interpreted by the judiciary in several landmark cases. This article is making an honest attempt to make readers understand the various terms that have been recognized as a part of the basic structure doctrine through various key judgments of the judiciary and how these judgments have safeguarded the constitutional integrity and values from arbitrariness and tyranny leaving the democracy strengthened and rejuvenated in its wake. The article includes several key judgments, their background, the various tenets of basic structure which emerged from these judgments, and the significance of the doctrine of basic structure. The author shall use the Doctrinal method of research with special emphasis on secondary sources well researched from research articles, judgements and interpretations of these judgements by scholars and academicians, academic blogs etc. The article contains an abstract, introduction, literature review, research methodology, research objective, research questions, key findings and conclusion.