International Journal For Multidisciplinary Research

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Doctrine of Basic Structure and the Evolution of Indian Constitution

Author(s) Shreya Mishra
Country India
Abstract The Indian Constitution was written by its founders in order to provide a certain amount of rigidity and stability over time. Furthermore, they granted Parliament the authority to alter the Constitution in accordance with Article 368 in order to resolve any future implementation issues. A constitution can be flexible, but it must also retain its normative nature as the ultimate law that restrains parliamentary majorities that are momentary. While the Supreme Court's seminal ruling in Keshavananda Bharati v. State of Kerala (1973) established that Parliament cannot alter the 'Basic Structure or Framework' of the Constitution, Article 368 does not expressly limit Parliament's amending power. This theory has been strongly debated from its origin and is still a major topic of discussion in current institutional discussions about the identity and evolution of the Constitution. This paper investigates the development and extent of the doctrine of basic structure, along with its influence on the Constitution of India and its reflection in the legal systems of other nations.
Keywords Indian Constitution, Separation of Powers, Doctrine of Basic Structure, Kesavananda Bharati, Fundamental Rights, Directive Principles, Preamble, 42nd Amendment Act, S.R. Bommai Case, International Perspectives.
Published In Volume 6, Issue 2, March-April 2024
Published On 2024-03-13
Cite This Doctrine of Basic Structure and the Evolution of Indian Constitution - Shreya Mishra - IJFMR Volume 6, Issue 2, March-April 2024. DOI 10.36948/ijfmr.2024.v06i02.14943
DOI https://doi.org/10.36948/ijfmr.2024.v06i02.14943
Short DOI https://doi.org/gtmzr7
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