Basic Structure Doctrine
The doctrine that certain essential features of the Constitution cannot be amended or destroyed by Parliament even with unlimited amending power.
Full Definition
The Basic Structure Doctrine holds that while Parliament under Article 368 can amend any part of the Constitution, it cannot destroy or abrogate the basic structure or essential features. Basic structure elements include: supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federalism, judicial review, fundamental rights, unity and integrity of India, and free and fair elections.
In Indian Law
Established in Kesavananda Bharati v. State of Kerala (1973) by a 13-judge bench (7-6 majority). Applied in: Indira Nehru Gandhi v. Raj Narain (1975) � struck down 39th Amendment; Minerva Mills (1980) � struck down Articles 31C and 368(4)&(5); Waman Rao (1981) � confirmed protection of basic structure. Article 370 abrogation challenged on basic structure grounds in Puttaswamy-2 (pending).
Landmark Cases
Kesavananda Bharati v. State of Kerala (1973) � Basic structure doctrine
Minerva Mills v. Union of India (1980) � Application of basic structure