LIJDLR

Basic Structure Doctrine

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE

Volume III Issue II /

BASIC STRUCTURE DOCTRINE- CONSTITUTIONAL, SOCIAL, AND POLITICAL SIGNIFICANCE Dr Deepakshi Joshi, Principal, Chanakya Law College, Rudrapur, Kumaun University. Download Manuscript doi.org/10.70183/lijdlr.2025.v03.55 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.  

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IMPACT ON LAND REFORM LAWS AFTER THE INTRODUCTION OF BASIC STRUCTURE DOCTRINE

Volume 1 Issue IV /

IMPACT ON LAND REFORM LAWS AFTER THE INTRODUCTION OF BASIC STRUCTURE DOCTRINE Meenatchi Priyatharshini R, Student at School of Excellence in Law, Tamil Nadu Dr Ambedkar Law University, Chennai. Pavithran S, Student at School of Excellence in Law, Tamil Nadu Dr Ambedkar Law University, Chennai. Download Manuscript ABSTRACT We had Article 31 and 19(1)(g) before the 44th Amendment, which gave the fundamental right to property. This was later on removed by the aforesaid Amendment. Having Article 31, the first Amendment brought in Article 31A and 31B, by which the land reform acts were given protection from the fundamental rights guaranteed under article 14 and 19. After the introduction of the doctrine of basic structure, Article 31A and 31B being a part of part III could also be considered as a part of the basic structure. But the very same article gives provisions to override the right to equality and freedom. Isn’t it a clash? This clash was settled by the nine-judges bench by the judiciary. In this article, the constitutional provisions which relates to right to property is discussed along with the impact of the basic structure doctrine in ninth schedule with a jurisprudential point of view. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 277-289. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

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