The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy the basic structure of the Constitution. Though the court has not made an exhaustive list, there are certain areas in the constitution where the parliament has no right to alter or destroy it they are the supremacy of the Constitution, the principle of separation of Powers, the Rule of Law, Separation of powers between the legislature, the executive, and the judiciary and so on.

This Doctrine has preserved the constitutional Principles and ideals of the founding members of the Constitution, this doctrine has helped to preserve the Supremacy of the Constitution and it prevents the destruction by temporary majority in the parliament. Separation of Powers included as one of the elements in basic structure gives supreme independence to the judiciary from the other two organs, Fundamental rights are protected from being abridged.

The judiciary has upheld the validity of Basic Structure in many ways

1. Judicial review – The Judiciary has the power to review laws and executive actions, through judicial review, the Supreme Court has the power to strike down laws that violate constitutional principles. However, the court has power to review but cannot rewrite constitutional amendments.
2. Fundamental Rights – Courts makes sure that fundamental rights enshrined in the Constitution are protected. Any law or amendment infringing these rights can be struck down. This protection forms a core part of the basic structure.
3. Separation Of Powers – The judiciary ensures that the separation of powers among the judiciary, executive, and legislative are maintained. Encroachment by one organ into the functions of another can be checked by the judiciary to maintain it.

The basic structure of the Constitution is the judicial principle that came into existence after the historic landmark judgment established by the Supreme Court in Keshvananda Bharti vs the State of Kerala. This Doctrine or Judicial Principle states that while the Parliament has the power to amend the Constitution, it cannot alter or destroy the basic structure of the Constitution. Though the court has not made an exhaustive list, there are certain areas in the constitution where the parliament has no right to alter or destroy it they are the supremacy of the Constitution, the principle of separation of Powers, the Rule of Law, Separation of powers between the legislature, the executive, and the judiciary and so on.

This Doctrine has preserved the constitutional Principles and ideals of the founding members of the Constitution, this doctrine has helped to preserve the Supremacy of the Constitution and it prevents the destruction by temporary majority in the parliament. Separation of Powers included as one of the elements in basic structure gives supreme independence to the judiciary from the other two organs, Fundamental rights are protected from being abridged.

The judiciary has upheld the validity of Basic Structure in many ways

1. Judicial review – The Judiciary has the power to review laws and executive actions, through judicial review, the Supreme Court has the power to strike down laws that violate constitutional principles. However, the court has power to review but cannot rewrite constitutional amendments.
2. Fundamental Rights – Courts makes sure that fundamental rights enshrined in the Constitution are protected. Any law or amendment infringing these rights can be struck down. This protection forms a core part of the basic structure.
3. Separation Of Powers – The judiciary ensures that the separation of powers among the judiciary, executive, and legislative are maintained. Encroachment by one organ into the functions of another can be checked by the judiciary to maintain it.