What does the term “Doctrine of Basic Structure” mean to you? Examine how significant it is to the Indian Constitution. (200 Words) [UPPSC 2019]
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The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, theRead more
The doctrine of basic structure is a constitutional principle that prevents the fundamental principles of the Indian Constitution for being changed by amendments. In the Kesavananda Bharti case, for the first time this doctrine came into view in the history of Indian Constitution. In this case, the Supreme Court held that the parliament has the power to ammend Constitution, including fundamental rights but, the basic structure of the Constitution could not be altered even by a constitutional ammendment.
Additionally, the judgement also added that the parliament can only amend the constitution and have no power to rewrite.
Following are the key elements of the doctrine of basic structure which helps to ensure that the basic structure of the constitution remains unaltered:
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