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Basic Structure Doctrine

Constitutional & Public Law Doctrines

Definition

A constitutional doctrine established in Kesavananda Bharati v. State of Kerala (1973) holding that Parliament’s constituent amending power under Article 368 cannot alter, damage, or destroy the fundamental identity or essential framework of the Constitution.

Example

In the NJAC Case (2015), the Supreme Court struck down the 99th Constitutional Amendment Act because replacing the collegium system with the National Judicial Appointments Commission infringed upon judicial independence, a core component of the Basic Structure.