The Basic Structure Doctrine: Protector of Constitutional Integrity | 2025

The Basic Structure Doctrine: Protector of Constitutional Integrity | 2025

The Basic Structure Doctrine: Guardian of Constitutional Integrity delves into the development of India’s Constitution, emphasizing the origins, growth, and importance of the Basic Structure Doctrine. The book asserts that the doctrine supports the diverse population of India by protecting their rights and ensuring governance remains in check. Rather than being against the people, it limits unchecked power and curbs the potential for corruption across government branches.

The author offers a thorough analysis of Article 368, which governs constitutional amendments, and skillfully aligns it with the Constitution as a whole. The book reinforces that interpreting the Constitution is a responsibility vested solely in the Judiciary. Through a judicial perspective, it illustrates how the Basic Structure Doctrine is a critical tool for preserving the Constitution’s integrity and continuity.

Key Highlights of The Basic Structure Doctrine: Protector of Constitutional Integrity:

• Explores significant amendments, historic judgments, and judicial interpretations that have influenced India’s constitutional landscape

• Emphasizes India's pioneering contribution to upholding constitutional values on a global stage

• Presents a nuanced assessment of how the Basic Structure Doctrine has shaped the nation’s legal order

• Discusses both advantages and criticisms of the doctrine, particularly through the lens of majority and minority opinions in the Kesavananda Bharati case