basic structure doctrine

In Kesavananda Bharati (1973) a 13-judge bench held, by 7 to 6, that the amending power under Article 368 does not include the power to alter the basic structure or framework of the Constitution. A constitutional amendment that damages a basic feature is void.

The Court has never given a closed list. Features recognised include supremacy of the Constitution, republican and democratic government, secularism, federalism, separation of powers, judicial review, the rule of law, free and fair elections, and the balance between Fundamental Rights and Directive Principles (Minerva Mills, 1980). The doctrine applies to constitutional amendments, not directly to ordinary laws, which are tested against the Constitution's provisions.

Example

The clause of the 42nd Amendment excluding judicial review of amendments was struck down in Minerva Mills under the basic structure doctrine.

In Indian law

• Kesavananda Bharati v. State of Kerala, 1973 INSC 91
• Minerva Mills Ltd. v. Union of India, 1980 INSC 142
• Article 368, Constitution of India

See also

judicial review · fundamental rights · separation of powers · federalism

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Constitution: meaning, kinds and constitutionalism (Constitutional Law I)
• Salient features of the Indian Constitution (Constitutional Law I)