Basic Structure Doctrine and Federalism
Kesavananda Bharati v. State of Kerala (1973)
The Supreme Court's landmark ruling in Kesavananda Bharati (1973) held that Parliament's power to amend the Constitution under Article 368 cannot be used to destroy its "Basic Structure". While the Court has not explicitly listed all elements of Basic Structure, federalism and the democratic principle of equal representation have been considered part of it by various subsequent benches.
- Article 368 allows Parliament to amend the Constitution by a two-thirds majority of members present and voting, plus a majority of total membership.
- Amendments that affect the federal character — such as altering states' relative share of political power — could theoretically be challenged under the Basic Structure doctrine.
- However, delimitation orders themselves are insulated from judicial review under Article 329(a), creating a tension between the open-ended Kesavananda principle and the parliamentary finality over delimitation.
- The 131st Amendment Bill is a Constitution amendment bill (requiring Article 368 special majority) as distinct from the Delimitation Bill, 2026 (an ordinary parliamentary law).
● Tracked since April 16, 2026 · last seen August 25, 2026 · updates as the daily brief publishes
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