Basic Structure of the Constitution - UPSC Notes
The Basic Structure Doctrine is one of the most significant principles in Indian constitutional law. It evolved through a series of landmark judgments
Emergence of the Basic Structure Doctrine: A Historical Perspective ✅ 1. What Was the Actual Issue Behind These Cases? The real issue was: “Can Parliament change ANY part of the Constitution — including Fundamental Rights — using Article 368?” Or Can Parliament do any amendment it wants—even those that destroy core values—just because it has majority? This question started because: Parliament kept amending Fundamental Rights (like Right to Property) Citizens challenged these amendments saying: “Fundamental Rights cannot be removed. Article 13 says any law violating FRs is void.” Parliament argued: “Constitutional Amendments are NOT ‘law’. We can change anything under Article 368.” Thus, the actual issue was:
š Should the Parliament have unlimited power to rewrite the Constitution?
š Or should there be limitations to protect democracy and rights? ✅ What is the Basic Structure? Basic Structure = The foundational features of the Constitution that CANNOT be changed by Parliament. Or even simpler: “Ba…