The Constitution can evolve with changing times, but can its core principles be completely changed? The Doctrine of Basic Structure answers this by placing a limit on Parliament’s power to amend the Constitution.

How Did It Begin?

The doctrine was established by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973). The Court held that Parliament can amend the Constitution under Article 368, but it cannot alter or destroy its basic structure.

What Does It Protect?

The Supreme Court has recognised several features as part of the basic structure, including:

• Supremacy of the Constitution

• Rule of law

• Judicial review

• Independence of the judiciary

• Separation of powers

• Federalism

• Democracy and secularism

The list is not exhaustive and has developed through subsequent judgments.

Why Does It Matter?

The doctrine creates a balance between constitutional change and constitutional continuity. It allows Parliament to amend the Constitution while ensuring that its fundamental character cannot be dismantled through an amendment.

Conclusion

The Basic Structure Doctrine is ultimately a safeguard against the misuse of constitutional power. It ensures that while the Constitution may change with time, its foundational principles remain protected.