The Basic Structure Doctrine: A Comprehensive Case Law Analysis

Doctrine of Basic Structure

Authors

  • TANISHK TANISHK MANHAS TANISHK, DEPARTMENT OF LAWS, PANJAB UNIVERSITY
  • TAMAN KUMAR

Keywords:

Indian Constitutional Law, Kesavananda Bharati Case, Judicial Review, Parliamentary Amendments, Basic Structure Doctrine

Abstract

The basic structure doctrine, a cornerstone of Indian constitutional law, was established by the Supreme Court's landmark 1973 ruling in the Kesavananda Bharati v. State of Kerala case. This doctrine acts as a protective mechanism, preventing Parliament from amending the Constitution's fundamental elements, including the protection of fundamental rights and the preservation of national sovereignty and integrity. This research paper explores the origins, significance, and impact of the basic structure doctrine on India's legal and political landscape. Furthermore, it analyzes the doctrine's role in balancing legislative authority with judicial oversight, ensuring the Constitution's enduring stability.

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Published

2025-01-21

How to Cite

TANISHK MANHAS, T., & KUMAR, T. (2025). The Basic Structure Doctrine: A Comprehensive Case Law Analysis: Doctrine of Basic Structure. PANJAB UNIVERSITY LAW MAGAZINE - MAGLAW, 3(2). Retrieved from https://maglaw.puchd.ac.in/index.php/maglaw/article/view/310

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