Doctrine of Basic Structure and the Spirit of Indian Constitution: An Analysis

  • Prashant Saurabh and Ankita Rani
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  • Prashant Saurabh

    LLM student at Chanakya National Law University, Patna, India

  • Ankita Rani

    LLM student at Chanakya National Law University, Patna, India

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This research paper will able to give the deep and productive knowledge of this judge-made doctrine through the cases. Even after simple reading of this paper reader will able to understand through true meaning of “we the people of India” and aspirations. The basic structure of the Constitution cannot be amended even by the amending power of the legislature. Our Constitution guarantees the right, pursuant to clause (1) of Article 32, to petition the Supreme Court on the ground that the rights guaranteed under Part III of the Constitution have been violated. This provision is a part of the basic structure of the Constitution. Clause (2) of Article 32 empowers the Court to issue "directions or orders or writs, including writs in the nature of Habeas corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, whichever may be appropriate for the enforcement of any of the rights conferred by Part III. This is also a part of the basic structure of the Constitution. Golak Nath made all Fundamental Rights as non - amendable. This was too rigid a formulation. Kesavananda introduces some flexibility in this respect. Not all Fundamental Rights en bloc are now to be regarded as non - amendable but only such of them as may be characterised as constituting the "basic" features of the Constitution. Amend as you may even the solemn document which the founding fathers have committed to your care, for you know best the needs of your generation. But the Constitution is a precious heritage; therefore, you cannot destroy its identity.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 644 - 662


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