The Basic Structure Doctrine In Indian Judicial Principle: An Analysis On The Basic Foundation Of The Constitution

Abstract

The doctrine of basic structure, as propounded in Kesavananda Bharati and the contents thereof as expounded in various landmark judgments of Supreme Court from Shankri Prasad to I.R. Coelhio, have been the guiding principles in interpretation of the Amendment Acts under Article 368 of the Constitution. The rationale for the doctrine is that in the Constitution, there exists a basic structure, the fundamental tenets, upon which the entire gamut of provisions is based. It includes supremacy of the Constitution, republican and democratic form of government, secular character of the Constitution, separation of powers between three organs, federal character of the Constitution, etc. Provisions of the Constitution can be amended provided the basic foundation and structure of the Constitution remains the same. It is a reminder of the words of Benjamin N. Cardozo who commented that, “A Constitution has an organic life in such a sense, and to such a degree, that changes here and there do not sever its identity”. The present paper examines the scope, extent and limitation of basic structure doctrine in Indian judicial principle and how far it is an armor of Constitutionalism and balancing parameter of three organs of government.