LL.M. (Gold Medalist) Ph.D, NET,JRF, Asst. Professor Classic College of Law Bareilly, Affiliated M.J.P Rohilkhand University, Bareilly
JournalSIMRJ
Volume / Issue2 / 4
Pages25–29
Published05 Jul 2026
Paper IDSIMRJ23JA26004
Views / Downloads2 / 2
Article summary
Abstract
The Supreme Court declared in Kesavananda Bharati V. State of Kerala' that Article 368 did
not enable Parliament to alter the basic structure or framework of the Constitution. This decision
is not just a landmark in the evolution of Constitutional law, but a turning point in Constitutional
history. No other court in the world had taken this position. Subsequently, the Supreme Court of
Bangladesh adopted the doctrine of basic structure relying on Kesavananda Bharati. In Pakistan
the Lahore High Court and Baluchistan High Court took the same view but not the Supreme
Court. The new Constitution of Nepal (1990) contains some provisions which cannot be amend
ed at all. The power of amendment is subject to the restriction that its exercise shall not cause
prejudice to the spirit of the preamble of the Constitution. The preamble refers to basic human
rights of every citizen of Nepal, adult franchise, Parliamentary system of Government, Consti
tutional monarchy, multi-party democracy, etc. It also speaks of an independent and competent
system of justice and the rule of law.
Aditya Chaturvedi (2026). Basic Structure Doctrine and its entrenchment in
the Indian Constitution a Juridical Analysis. Shodhpith International Multidisciplinary Research Journal, 2(4), 25–29. https://www.shodhpith.com/article/simrj23ja26004/basic-structure-doctrine-and-its-entrenchment-in-the-indian-constitution-a-juridical-analysis
Aditya Chaturvedi. “Basic Structure Doctrine and its entrenchment in
the Indian Constitution a Juridical Analysis.” Shodhpith International Multidisciplinary Research Journal, vol. 2, no. 4, 2026, pp. 25–29. https://www.shodhpith.com/article/simrj23ja26004/basic-structure-doctrine-and-its-entrenchment-in-the-indian-constitution-a-juridical-analysis
Aditya Chaturvedi. “Basic Structure Doctrine and its entrenchment in
the Indian Constitution a Juridical Analysis.” Shodhpith International Multidisciplinary Research Journal 2, no. 4 (2026): 25–29. https://www.shodhpith.com/article/simrj23ja26004/basic-structure-doctrine-and-its-entrenchment-in-the-indian-constitution-a-juridical-analysis
Aditya Chaturvedi (2026) ‘Basic Structure Doctrine and its entrenchment in
the Indian Constitution a Juridical Analysis’, Shodhpith International Multidisciplinary Research Journal, 2(4), pp. 25–29. Available at: https://www.shodhpith.com/article/simrj23ja26004/basic-structure-doctrine-and-its-entrenchment-in-the-indian-constitution-a-juridical-analysis.
Aditya Chaturvedi, “Basic Structure Doctrine and its entrenchment in
the Indian Constitution a Juridical Analysis,” Shodhpith International Multidisciplinary Research Journal, vol. 2, no. 4, pp. 25–29, 2026. https://www.shodhpith.com/article/simrj23ja26004/basic-structure-doctrine-and-its-entrenchment-in-the-indian-constitution-a-juridical-analysis.
Aditya Chaturvedi. Basic Structure Doctrine and its entrenchment in
the Indian Constitution a Juridical Analysis. Shodhpith International Multidisciplinary Research Journal. 2026;2(4):25–29. https://www.shodhpith.com/article/simrj23ja26004/basic-structure-doctrine-and-its-entrenchment-in-the-indian-constitution-a-juridical-analysis.
Aditya Chaturvedi. Basic Structure Doctrine and its entrenchment in
the Indian Constitution a Juridical Analysis. Shodhpith International Multidisciplinary Research Journal 2026, 2 (4), 25–29. https://www.shodhpith.com/article/simrj23ja26004/basic-structure-doctrine-and-its-entrenchment-in-the-indian-constitution-a-juridical-analysis.
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