Semi-Centennial of the Basic Structure Doctrine: Revisiting the Kesavanand Bharati Judgment

ABSTRACT: The ‘doctrine of basic structure’ is one of the most pivotal principles of India’s constitutional law. Fifty years ago, in 1973, the Supreme Court of India propounded this doctrine in its landmark Judgment in Kesavananda Bharati v. State of Kerala. This doctrine imposes implied limits on the Parliament’s ‘constitution-amending power’ given under Art. 368 of the Constitution. Since 1973, this doctrine has guided constitutional practice in the country and helped safeguard the fundamental values of democracy. It has played a significant role in maintaining the integrity and stability of the nation’s legal framework, ensuring that the core principles of the Constitution remain protected and consistent. The present paper revisits the origin of this doctrine and its subsequent development. It also analyses the consolidation and the relevance of the basic structure doctrine. It also examines whether the judiciary is overstepping its bounds by restricting the legislature’s constituent power, or performing its constitutional obligation to protect the Constitution? KEYWORDS: Sovereign, Democratic Republic, Fundamental Values, Constitutional Governance, Basic Structure Doctrine