basic structure doctrine

E126555

The basic structure doctrine is a judicial principle in Indian constitutional law that limits Parliament’s power to amend the Constitution by prohibiting changes that damage its fundamental features, such as democracy, rule of law, and judicial review.

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basic structure doctrine canonical 1

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Statements (48)

Predicate Object
instanceOf constitutional law principle
doctrine of Indian constitutional law
judicial doctrine
affects scope of Parliament's constituent power
aimsTo preserve fundamental constitutional values
prevent authoritarian constitutional amendments
alsoKnownAs basic features doctrine
basic structure of the Constitution doctrine
appliesTo Constitution of India
articulatedBy majority in Kesavananda Bharati judgment
characterizedAs implied limitation on amending power
controversialFor judicial activism concerns
countryOfOrigin India
distinguishes ordinary constitutional provisions from basic features
ensures that constitutional amendments do not destroy core identity of the Constitution
formulatedBy Supreme Court of India
influenced constitutional jurisprudence in other countries
jurisdiction India
languageOfOrigin English
legalSystem Indian constitutional law
limits Article 368 amending power
amending power of Parliament of India
prohibits amendments that damage basic structure of the Constitution
protects basic structure of the Constitution of India
democracy
federalism
free and fair elections
fundamental rights
independence of judiciary
judicial review
judicial supremacy in constitutional interpretation
parliamentary system of government
republican form of government
rule of law
separation of powers
supremacy of the Constitution
unity and integrity of India
relatedTo Article 368 of the Constitution of India
judicial review of constitutional amendments
power of constitutional amendment
sourceCase Kesavananda Bharati v. State of Kerala
usedInCase I.R. Coelho v. State of Tamil Nadu
Indira Nehru Gandhi v. Raj Narain
L. Chandra Kumar v. Union of India
Minerva Mills Ltd. v. Union of India
S. R. Bommai v. Union of India
Waman Rao v. Union of India
yearFormulated 1973

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Constitution of India doctrineEstablished basic structure doctrine