Basic structure doctrine

The basic structure doctrine is the judge-made principle that certain features of the Constitution of India are beyond the limit of the powers of amendment of the Indian parliament. The doctrine, which was first expresed in Kesavananda Bharati v. The State of Kerala, reflects judicial concern at the perceived threat to the liberal constitutional order posed by the Indian National Congress, in particular under Indira Gandhi.

The basic structure doctrine applies only to the constitutionality of amendments and not to ordinary Acts of Parliament, which must conform to the entirety of the constitution and not just to its basic structure.

On April 24, 1973, the Supreme Court ruled in Kesavananda that although the 25th Amendment of 1971 was valid, the court still reserved for itself the discretion to reject any constitutional amendments passed by Parliament by declaring that the amendments cannot change the constitution's "basic structure".