One of the most important contributions made by the
Indian judiciary to constitutional law is the Basic Structure Doctrine, which
was established in Kesavananda Bharati v. State of Kerala (1973) [1].
Designed to prevent parliamentary excess, it guarantees that although
Parliament has broad amending authority under Article 368, it is unable to
change the core essence of the Constitution. From Shankari Prasad (1951) and
Golak Nath (1967), the doctrine's development is traced in this article. It was
consolidated in Indira Gandhi v. Raj Narain (1975) and Minerva Mills v. Union
of India (1980) [3], and it has since been reaffirmed in decisions
like the NJAC ruling (2015).
Beyond India, the study takes a comparative and
jurisprudential stance, placing the doctrine in the context of international
constitutional philosophy. It highlights both similarities and differences with
the Indian approach by examining comparisons with Colombia's notion of
unamendable principles, Germany's "eternity clause," and South
Africa's implicit restrictions on amendment.
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