Zoom In Zoom Out Add to Editor
Full Document
Full Detail
Short Detail
Listen Article Pause Bookmark Share Quick Print
App Logo

Basic structure

Basic structure Constitution of India, Article 368 The theory of basic structure is based on the concept of constitutional identity. The basic structure jurisprudence is a preoccupation with constitutional identity. In Kesavananda Bharati v. State of Kerala,(1973) 4 SCC 225 it has been observed that ''one cannot legally use the Constitution to destroy itself''. It is further observed ''the personality of the Constitution must remain unchanged''. Therefore, this Court in Kesavananda Bharati,(1973) 4 SCC 225, while propounding the theory of basic structure, has relied upon the doctrine of constitution identity. The word ''amendment'' postulates the old Constitution survives without loss of its identity despite the change and it continues even though it has been subjected to alteration. This is the constant theme of the opinions in the majority decision in Kesavananda Bharati. ,(1973) 4 SCC 225. To destroy its identity is to abrogate the basic structure of the Constitution. This is the principle of constitutional sovereignty. Secularism in India has acted as a balance between socio-economic reforms which limits religious options and communal developments. The main object behind the theory of the constitutional identity is continuity and within that continuity of identity, changes are admissible depending upon the situation and circumstances of the day. [M. Nagaraj and Others v. Union of India and Others, (2006) 8 SCC 212 (244)]
whatsapp-icon Back to top