Doctrine of basic structure - constitutional law: framers of the indian constitution were also aware of that fact that if the constitution was so flexible it would be like playing cards of the ruling party so they adopted a middle course. The basic features of the constitution of india is may treated as a basic structure of the constitution no doubt that the indian constitution is unique in its contents and spirit however the constituent power of parliament under article 368 does not enable it to alter the basic structure of the constitution as per the kesavanandabharati case in 1973.
The basic structure of the constitution was provided by the landmark judgement of keshvananda bharti v state of kerala the question that arose in this case was whether the parliament could amend the fundamental rights given to the people of the country. You can watch the entire course here:- in less than 10 minutes, roman teaches you funny memory tricks to remember “basic structure” doc. Basic structure doctrine reaffirmed - the minerva mills in minerva mills case the supreme court by majority by 4 to 1 majority struck down clauses(4) and (5) of the article 368 inserted by 42nd amendment, on the ground that these clauses destroyed the essential feature of the basic structure of the constitution it was ruled by court that a limited amending power itself is a basic feature of the constitution.
The basic structure doctrine is an indian judicial principle that the constitution of india has certain basic features that cannot be altered or destroyed through amendments by the parliament key among these basic features, are the fundamental rights granted to individuals by the constitution. The constitution of india (iast: bhāratīya saṃvidhāna) is the supreme law of india the document lays down the framework demarcating fundamental political code, structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. The basic structure theory plays a useful part in our constitutional jurisprudence but was there truly a judicial formulation by the supreme court of india of the basic structure doctrine in the.
The basic structure of the indian constitution compiled by venkatesh nayak introduction the debate on the 'basic structure' of the constitution, lying somnolent in the archives of india's constitutional history during the last decade of the 20th century, has reappeared in the public realm.
The exclusion of judicial review damaged the basic structure of the constitution minerva mills ltd v union of india clauses 4 and 5 were added to article 368 which validated all existing and future constitutional amendments and removed all limitations on the amending power of the constitution.
Nehru contemplated by amendment was the varying of the constitution ‘here and there’ and not the elimination of its basic structure, for that would necessarily result in the constitution losing its identity.
Basic structure of indian constitution adding spirit to the democratic form of government, the constitution of india follows a basic structure which is not only the roots of its construction but also the foundation for amendments and formation of new laws.