Kesavananda Bharati v. State of Kerala
AIR 1973 SC 1461, Supreme Court of India, 1973
A thirteen-judge bench held that Parliament can amend any part of the Constitution but cannot change its basic structure. This case created the doctrine.
Basic Structure Doctrine
Concept
Parliament has wide power to amend the Constitution, but that power is not unlimited.
Under this doctrine, certain core features of the Constitution, such as the supremacy of the Constitution, judicial review, separation of powers and democracy, cannot be destroyed by amendment. Courts decide case by case whether an amendment damages this basic structure.
Under this doctrine, certain core features of the Constitution, such as the supremacy of the Constitution, judicial review, separation of powers and democracy, cannot be destroyed by amendment. Courts decide case by case whether an amendment damages this basic structure.
Case laws
Minerva Mills v. Union of India
AIR 1980 SC 1789, Supreme Court of India, 1980
The Court struck down parts of an amendment that tried to give Parliament unlimited amending power, holding that limited amending power and judicial review are themselves part of the basic structure.