Basic Structure Doctrine of Indian Legal System

• Legal doctrine that the The Constitution of India has certain characteristics that cannot be erased by legislature.

• Was set up during the 1960s and 1970s through a series of legal judgements on constitutional law, the most prominent of them being the Kesavananda Bharati vs The State of Kerala

Key Points

• The Supreme Court of India declared that the Fundamental Rights included in the Part III of the Constitution of India (The Constitution of India) are “transcendental” and beyond the reach of The Parliament of India.
  • Therefore, any legislature that limits (or takes away, abridges) a Fundamental Right conferred by Part III of the Constitution of India are deemed unconstitutional.

Aftermath¶

The legislature brought in numerous different amendments to the constitution to sidestep this, which all culminated into the 42nd Amendment of the Constitution.