The Basic Structure Doctrine is a
judicial principle in India that limits the power of Parliament to amend the
Constitution. The doctrine holds that certain provisions of the Constitution
are so fundamental that they cannot be altered by Parliament. Here are some
landmark cases related to the Basic Structure Doctrine of the Indian
Constitution:
1. Keshavananda Bharati case (1973):
In this case, the Supreme Court held that the power of Parliament to amend the
Constitution was not unlimited. It declared that the Constitution had a basic
structure that could not be altered, including democracy, the separation of
powers, and the rule of law.
2. Minerva Mills case (1980): In
this case, the Supreme Court further elaborated on the basic structure doctrine
and held that the power of Parliament to amend the Constitution was limited to
the extent that it did not damage or destroy the basic structure of the
Constitution.
3. Indira Gandhi v. Raj Narain case
(1975): In this case, the Supreme Court struck down the 39th Amendment, which
had inserted Article 329A into the Constitution, giving protection to the
election of the Prime Minister from judicial review. The Court held that the
amendment violated the basic structure of the Constitution.
4. Golaknath case (1967): In this
case, the Supreme Court held that Parliament could not amend fundamental
rights, which are part of the basic structure of the Constitution. This case
paved the way for the Keshavananda Bharati case and the development of the
basic structure doctrine.
5. Kesavananda Bharati v. State of
Kerala (1973): In this case, the Supreme Court held that the basic structure
doctrine is a part of the Constitution's features and cannot be destroyed or
damaged by Parliament. The Court also held that the basic structure doctrine
does not impede the Parliament's power to amend the Constitution.
These landmark cases have played a significant role
in defining and elaborating on the Basic Structure Doctrine of the Indian
Constitution. The doctrine is an essential principle of the Constitution and
serves as a safeguard against arbitrary changes to the Constitution.