BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE
Dr Deepakshi Joshi, Principal, Chanakya Law College, Rudrapur, Kumaun University.
The Supreme Court of India established the Basic Structure Doctrine in the landmark judgment of Kesavananda Bharati v State of Kerala in 1973,[1] Creating a fundamental safeguard that protects the essential features of the Indian Constitution from being altered by parliamentary amendments.¹ This doctrine holds significant constitutional, social, and political implications. From a constitutional perspective, it preserves the Constitution’s fundamental identity by ensuring that core values—such as democracy, secularism, and justice—remain inviolable notwithstanding legislative changes.
Socially, it affirms the protection of citizens’ fundamental rights and freedoms, thereby playing a vital role in upholding social justice and equality. Politically, the doctrine strengthens the system of checks and balances through judicial review, thus securing the democratic framework of governance. Overall, this principle has profoundly influenced the shaping of India’s democratic ideals, the protection of individual rights, and the maintenance of the balance of power between the judiciary and legislature.
📄 Type | 🔍 Information |
---|---|
Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 2, Page 392–419. |
🔗 Creative Commons | © Copyright |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2025. All rights reserved. |