Basic Structure Doctrine: Not a Figurehead in the Indian Constitution

  • Aarushi Khandelwal
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  • Aarushi Khandelwal

    Student at Jindal Global Law School, OP Jindal Global University, Sonipat, Haryana, India

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The narrative surrounding the impact of the ‘basic structure’ concept on post-emergency constitutional thought in India has been frequently recounted, leading to various conclusions being reached regarding the resulting institutional outcomes. Nevertheless, for the concerning frequency with which they occur, these accounts exhibit a disconcerting resemblance in the types of conclusions they support. The inquiries pertaining to constitutional faith and fidelity, structural essentialism, the boundaries of political growth, and the practical extent of the concept have been addressed in a remarkably similar manner. Collectively, these responses have perpetuated preconceived notions of the flexibility of the Indian Constitution, the decision-making processes within the framework of the basic structure doctrine, and the overall trajectory of constitutionalism. The paper posits that in order to address inquiries regarding constitutional change, identity, and progress, it is essential to rely on a comprehensive framework of the basic structure doctrine that is theoretically robust, and philosophically fruitful. This framework should not assume an inherent conflict between constitutionalism and democracy.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3242 - 3252


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