Emergence of the Basic Structure

The concept of the Basic Structure emerged from a series of landmark judicial decisions, most notably in the Kesavananda Bharati case (1973). In that case, the Supreme Court ruled that while Parliament has the power to amend the Constitution, it cannot alter its “basic structure.” This decision was grounded in the need to protect the core principles—such as democracy, secularism, and judicial review—that ensure the continuity and integrity of the constitutional framework.

Subsequent judgments have consistently reaffirmed this doctrine, establishing it as a fundamental principle that acts as a check on parliamentary power.