Evolution and growth of basic structure doctrine from fundamental rights to the constitutional expanse
- Journal of Indian Law Institute
- 66(2),Apr-Jun, 2024: p.132-155
In the earlier days after adopting the Constitution, the country had to face a lot of litigation on the socio-economic laws enacted for the upliftment of the people. For this, Constitutional amendments became necessary. Then arose a situation where the Supreme Court held that fundamental rights could not be amended. To overcome this crisis, an exhaustive amendment of the Constitution ensued. They were challenged in the Kesavananda Bharti case in which the Supreme Court formulated the doctrine of basic structure, namely, that an amendment will be valid if it does not affect the basic features of the Constitution. The doctrine was applied beyond the domain of fundamental rights to the wider dimensions of other provisions of the Constitution. This paper explores the origin of the basic structure, the various instances where doctrine has been pleaded over the years and the outcome of its application or non-application.- Reproduced