Abstract

Every Constitution aims to build up a governmental structure based upon certain basic principles. And these principles are more or less well established. The Constitution of India is not an exception to this rule and it has its own basic principles. The constitution empowers the parliament and the state legislature to make laws within their respective jurisdiction. The founding fathers of our Constitution wanted it to be an adaptable document rather than a rigid framework for governance. Hence parliament was invested with the power to amend the constitution. Although bill to amend constitution can only be introduced in the parliament, but this amending power is not absolute. In this background, this paper focuses on the evolution of the term Basic structure and the major judicial pronouncements starting from Shankari Prasad Vs The Union of India to S.R. Bommai Vs The Union of India case including the landmark judgement given by the Supreme Court in the Keshavananda Bharti case. The political motives behind the passing of these constitutional amendments have been discussed and the paper throws light on the events leading to these landmark judgements and how the Supreme Court through its judicial review power has been able to curtail the absolute power of the parliament in amending the constitution.

Keywords

Constitutional Amendment, Union of India, Keshavananda Bharti, Fundamental Rights, Judicial Review, Supreme Court of India.

Citation (APA Format)

Dharanesha, S. T. (2022). Basic structure doctrine of Indian constitution and judicial interpretation. International Journal of Politics, Law, and Management, 1(8).