Concepts

Basic Structure Doctrine

CAPF wiki1 min read6 sections
At a glance
SubjectPolity

Definition

The judge-made doctrine that Parliament can amend the Constitution under Article 368 but cannot alter or destroy its essential framework, the "basic structure".

Key points

  • Laid down in Kesavananda Bharati v. State of Kerala (1973), which overruled the earlier Golak Nath (1967) position.
  • Parliament's amending power under Article 368 is wide but not unlimited; an amendment damaging the basic structure is void.
  • Illustrative basic features: supremacy of the Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections, and the Preamble's ideals.
  • Applied later to strike down parts of amendments, for example the 39th Amendment in Indira Nehru Gandhi (1975) and parts of the 99th Amendment (NJAC) in 2015.
  • Not a fixed list; courts decide case by case what counts as basic structure.

Why it matters for CAPF

It is the leading constitutional-law concept linking concept judicial review and amendment power; the 1973 Kesavananda case and Article 368 are standard recall items.

Common confusion

The doctrine limits amendments, not ordinary lawmaking; Parliament can still amend most of the Constitution, just not destroy its core.

One-line recall

Kesavananda Bharati (1973): Parliament may amend under Art 368 but cannot destroy the Constitution's basic structure.

Parent note

amendments and basic structure

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