EVOLUTION OF BASIC STRUCTURE DOCTRINE IN INDIA

AUTHOR – ADITYA RAJ JAISWAL, STUDENT AT XAVIER UNIVERSITY BHUBANES

BEST CITATION – ADITYA RAJ JAISWAL, EVOLUTION OF BASIC STRUCTURE DOCTRINE IN INDIA, ILE MULTIDISCIPLINARY JOURNAL, 3 (1) OF 2024, PG. 189-194, APIS – 3920-0007 | ISSN – 2583-7230.

ABSTRACT

The Constitution of India is a comprehensive document widely considered as one of the most compact documents of constitutional democracy. It has carried all the important elements of  an independent nation; it was a modern constitution for the time being but as the demands of society changed with the time there was a need for reforms.. This article aims at the evolution of “ Basic Structure” of the constitution and analyse the important timelines where the debates regarding the basic doctrine emerged throughout different periods of the society, it squarely covers the important cases of  Shankari Prasad vs Union of India [1951], Sajjan Singh vs State of Rajasthan [1965], Golaknath vs State of Punjab [1967] with these cases, it analyses the Kesavananda Bharati Vs State of Kerala[1973] where the supreme court for the first time discussed the importance of Basic Structure Doctrine as an important safeguard for the constitution of India. Lately in this article, redefined discussions like the Minerva Mills Vs Union of India and The NJAC case regarding “The Doctrine” have been mentioned. Moreover, it deals with the quintessence, facts and the issues raised, showing the pattern of change it went through as per the need of the hour. This work introduces us to the supreme law of land with a much deeper understanding of the amendments followed by the outset of Indian Judiciary. It has summarized the enduring legacy of evolution of basic structure that has for centuries acted as a mainspring of Indian Constitutional Law.