Basic Structure Doctrine

Court: Supreme Court of India | Year: 1973

A foundational constitutional law decision where the Supreme Court held that Parliament may amend the Constitution, but cannot destroy its basic structure.

Kesavananda Bharati v. State of Kerala is one of the most important constitutional decisions in India. The dispute arose from constitutional amendments and the scope of Parliament’s amending power under Article 368.

The Supreme Court held that Parliament has wide power to amend the Constitution, but that power is not unlimited. The Constitution has a basic structure that cannot be damaged or destroyed by amendment.

For interns, the case is essential because it shows how constitutional courts balance democracy, parliamentary power, judicial review, and constitutional identity.

Key Learning Points

• Introduced the Basic Structure Doctrine.
• Placed implied limits on Parliament’s power to amend the Constitution.
• Strengthened judicial review as a constitutional safeguard.
• Useful for understanding constitutional supremacy and separation of powers.

Intern Takeaway

Always identify the constitutional principle behind a case, not only the final order. Kesavananda is about limits on power, not only amendment procedure.

Reference: Read source material