Reconciling Constitutional Ideals: A Contemporary Reassessment of the Basic Structure Doctrine
Year: 2025
Type: article
Abstract: The Indian Constitution establishes a framework where no governmental organ is supreme, mandating that all operate within its boundaries. While the Constitution should provide explicit mechanisms for judicial review, the judiciary has, in exceptional cases, developed doctrines like the 'basic structure' to ensure constitutional supremacy. The absence of explicit limitations on parliamentary amendment power in Article 368 led to the Ninth Schedule's problematic expansion, prompting the Supreme Court in the Kesavananda Bharati case to introduce the 'basic structure' doctrine, imposing implied limits. It emerged as a mechanism to impose limitations on Parliament's constituent power. However, the doctrine's ambiguity and lack of textual basis, coupled with the absence of clear criteria for its application, have raised concerns about judicial overreach and potential violations of the separation of powers. This paper examines the rationale behind the 'basic structure' doctrine, its composition, and its impact on the separation of powers. It also considers the need for explicit constitutional amendments to define the doctrine and address the risks associated with individual judicial interpretations. This paper examines the academic and historical origins of the doctrine, its evolution post-Kesavananda Bharati, and the constitutional and jurisprudential debates surrounding it in the contemporary era. The doctrine’s applicability to Parliament’s legislative authority, the precedential strength of Kesavananda Bharati under the doctrine of stare decisis, the concept of legislative overruling and its implications for constitutional governance, and the intersection of constitutional morality with the basic structure doctrine. These issues are integral to the broader discourse on separation of powers and judicial review. This paper critically engages with these themes, situating them within the present-day realities of India’s constitutional framework.
Author: Himgauri Patil
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409197538