The Basic Structure Doctrine: Protector of Constitutional Integrity Author : Rohinton Nariman

The Basic Structure Doctrine, established by the Supreme Court of India in the landmark Kesavananda Bharati case in 1973, asserts that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy its fundamental features. Basic Structure Doctrine as a crucial safeguard to preserve the core values such as the supremacy of the Constitution, the rule of law, judicial review, and the separation of powers. By introducing the Basic Structure Doctrine, the judiciary ensured that even constitutional amendments must respect the foundational principles on which the Indian Constitution stands, thereby protecting the democratic framework and preventing the misuse of legislative power.