In this article, we will discuss Doctrine of Basic Structure. So, let’s get started.
Doctrine of Basic Structure
The basic structure doctrine is one of the fundamental judicial principles connected with the Indian Constitution.
The doctrine of the basic structure holds that there is a basic structure to the Indian Constitution, and the Parliament of India cannot amend the basic features.
It was in the Kesanvnda Bharati vs State of Kerala case, the Constitutional Bench of the Supreme Court ruled by a 7-6 verdict that Parliament could amend any part of the Constitution so long as it did not alter or amend the basic structure or essential features of the Constitution.
Indian Constitution is a dynamic document that can be amended according to the needs of the society whenever required. Constitution under Article 368 grants power to the Parliament to amend whenever there is a necessity.
The doctrine of basic structure is nothing but a judicial innovation to ensure that the power of amendment is not misused by Parliament. The idea is that the basic features of the Constitution of India should not be altered to an extent that the identity of the Constitution is lost in the process.
Indian Constitution upholds certain principles which are the governing rules for the Parliament, any amendment cannot change these principles and this is what the doctrine of basic structure upholds. The doctrine as we have today was not present always but over the years it has been propounded and upheld by the judicial officers of this country.