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.

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