Basic Structure Doctrine of Indian Constitution - Landmark Cases In Indian Polity


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.

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