Basic Structure Doctrine
The basic structure doctrine, established by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), places substantive limits on Parliament's power to amend the Constitution under Article 368. It holds that while Parliament has wide amending powers, it cannot destroy or emasculate the fundamental features of the Constitution.
- The doctrine emerged from a 7:6 majority decision by the largest-ever bench of 13 Supreme Court judges.
- Elements recognized as part of basic structure include: supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal character, unity and sovereignty of India, individual freedom, equality, and judicial review.
- In Indira Nehru Gandhi v. Raj Narain (1975), the Court struck down the 39th Amendment that placed election disputes of the PM and Speaker beyond judicial review, holding it violated free and fair elections as part of basic structure.
- In S.R. Bommai v. Union of India (1994), federalism was affirmed as a basic feature, and misuse of Article 356 was held to be reviewable.
- In I.R. Coelho v. State of Tamil Nadu (2007), the Court held that laws placed in the Ninth Schedule after April 24, 1973 can be challenged if they violate basic structure.
- The doctrine is not found in the Constitution's text -- it is entirely a judicial innovation that has become a settled constitutional principle.
● Tracked since February 13, 2026 · last seen August 24, 2026 · updates as the daily brief publishes
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