The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts.
The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament.
If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional.
In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list. For example, judicial review, rule of law, federalism, and democratic republic structure are identified as basic features.
In the 2015 ruling where the Supreme Court struck down the National Judicial Appointments Commission Act and the related Constitutional Amendment, “judicial independence” was identified as a basic feature of the Constitution.
