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Indian Polity & Constitution

Basic structure doctrine

Common law legal doctrine

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Overview

The basic structure doctrine is a common law doctrine holding that a sovereign state's constitution has certain characteristics that its legislature cannot alter. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world that recognizes this doctrine in an expressed, written, and rigid constitutional manner through Article 7B of its Constitution.

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Key concepts

How Basic structure doctrine connects to the ideas, people and events around it.

  1. Kesavananda Bharati v. State of Kerala

    originated in

    Kesavananda Bharati v. State of Kerala is a landmark 1973 Supreme Court case that introduced the basic structure doctrine. The judgment was delivered by a 13‑judge bench, the largest in Indian history.

  2. Supreme Court of India

    interpreted by

    The Supreme Court of India is the highest judicial authority in the country and interprets constitutional law. It delivered the Kesavananda Bharati judgment that formulated the basic structure doctrine.

  3. Constitution of India

    protects

    The Constitution of India, adopted in 1950, is the world's longest written constitution. The basic structure doctrine safeguards its core provisions from amendment.

  4. Judicial review

    uses

    Judicial review is the power of courts to assess the constitutionality of legislative and executive actions. In India, it is the mechanism through which the basic structure doctrine is applied.

  5. 42nd Amendment of the Constitution of India

    limited by

    The 42nd Amendment, enacted in 1976, attempted to grant Parliament unlimited power to amend the Constitution. The basic structure doctrine was invoked to strike down parts of this amendment.

  6. Indira Gandhi

    checked against

    Indira Gandhi was the Prime Minister of India from 1966 to 1977 and again from 1980 until her assassination in 1984. Her government pushed the 42nd Amendment, prompting judicial challenges based on the basic structure doctrine.

  7. A. N. Ray

    formulated by

    A. N. Ray served as Chief Justice of India from 1973 to 1977. He authored the majority opinion in the Kesavananda Bharati case that articulated the basic structure doctrine.

  8. Fundamental Rights

    protects

    Fundamental Rights are a set of civil liberties guaranteed by the Constitution of India. The basic structure doctrine treats these rights as part of the Constitution's core features that cannot be abrogated.

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Questions about Basic structure doctrine

What is Basic structure doctrine?

The basic structure doctrine is a common law doctrine holding that a sovereign state's constitution has certain characteristics that its legislature cannot alter. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v.

What are the key concepts related to Basic structure doctrine?

The main concepts connected to Basic structure doctrine include Kesavananda Bharati v. State of Kerala, Supreme Court of India, Constitution of India, Judicial review, 42nd Amendment of the Constitution of India, Indira Gandhi, A. N. Ray, Fundamental Rights. Each is linked on the map above with its own summary.

Which exams cover Basic structure doctrine?

Basic structure doctrine is part of Indian Polity & Constitution, which appears in the syllabus of UPSC CSE, UPSC CAPF, NDA, CDS, AFCAT, SSC CGL and 58 more exams.