Basic Structure Doctrine: Limited to only Constitutional Amendments

Anandini Saha
O.P Jindal Global University, India

Volume III, Issue IV, 2020

The Basic Structure Doctrine was established by the landmark judgement delivered by the thirteen-judge bench in Kesavananda Bharati in 1973 as a check upon the seemingly unlimited power of the legislature to amend the Constitution. Now even after forty-seven years the Basic Structure Doctrine continues to evolve due to much discourse among academicians, scholars, and the legal fraternity at large. This paper will attempt to examine the scope of the doctrine with respect to whether it is limited in its applicability to only Constitutional Amendments or can ordinary laws also by reviewed under its ambit. Though the initial view of the judiciary as can be evidenced by case laws limited its application to only Constitutional Amendments, subsequent judgements delivered by the apex court have overcome this limitation by broadening its scope.