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Research Paper Volume 5 Issue 6 721 - 735 December 2, 2022

The Constitution of India Basic Structure Doctrine

Lead author · Corresponding
Deepika
Student at Panjab University, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.113810
Abstract

This research paper presents the doctrine of the “basic structure” of the Indian constitution. This paper seeks your attention towards the political history of India and provides a deep knowledge of the basic structure doctrine. The term" basic structure" evolved after the judgment of the “Kesavananda Bharati Case”. The principle of the basic structure of doctrine was included in the constitution by the Supreme Court in 1973 in the Kesavananda Bharati Case, and the bench of thirteen judges sat to introduce a historical judgment of 680 pages though the ratio was 7:6. Mainly, the basic structure of doctrine came into force to protect the fundamental rights though, first amendment act abridged fundamental right, right to property but later on it was deleted by 44th amendment act of 1978 and made a legal right under Article 300A. This paper throws light on the pre-doctrine situation and post-doctrine situations. It also spread light on the current scenario and the critics of the doctrine.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 721 - 735
DOI: https://doij.org/10.10000/IJLMH.113810
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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