MR MAYANK SINGH

DOCTORAL CANDIDATE AT HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA

As a student of law for life, I am amazed by Shri H.M. Seervai and Shri N.A. Palkhiwala, the indisputable legends of legal profession for their scholarly contribution and therefore, I dedicate this chapter as my tribute to both of them.

ABSTRACT

The emergence of the Doctrine of Basic Structure is considered to be the watershed moment in the history of Constitutional Amendment jurisprudence. This doctrine was propounded by the Supreme Court at the conclusion of hearing of His Holiness Kesavanada Bharti v State of Kerala, and according to this doctrine, there are some primary essential character of the Indian Constitution which is immune from the parliamentary power to amend the Constitution under Article 368. The long battle which was started from the challenge of the First Constitutional Amendment in Shankari Prasad Singh Deo v Union of India, finally ended with the propounding of the Basic Structure doctrine in the Kesavananda Bharti case. In this article, the author will try to trace the origin and development of this Basic Structure doctrine and also how the Parliament, in its many unsuccessful attempt, tried to nullify its effect through various Constitutional Amendment and review of this doctrine through another 13 Judge bench, further how this doctrine has stood the test of the time and proved to be the ultimate protector of Indian Constitution.

Keywords: Constitution, Basic Structure, Kesavananda Bharti case, Constitutional Amendment