Keshavanand Bharti vs State of Kerala and doctrine of basic structure

A Rough Draft submitted in partial fulfilment of the course ISPL,7th SEMESTER

during the Academic Year 2019-2020.

SUBMITTED BY:
Kundan Kumar
Roll No. - 1627
B.B.A LL.B

SUBMITTED TO:
Prof. Dr.S. Ali Mohmmad
FACULTY OF ISPL

July, 2019
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
INTRODUCTION:

The Doctrine of Basic Structure‘ is a judge- made doctrine1 to put a limitation on the amending
powers of the Parliament so that the ‗basic structure of the basic law of the land‟ cannot be amended
in exercise of its constituent power‘ under the Constitution. So the question arises, is not there any
limitation on the amending powers of the Parliament? If the answer of this question is not in
affirmative with a reason that the Constitution makers did not intended for such limitation otherwise
they would have provide for such limitation in the Constitution, then another question arises to what
extent can the Parliament amend the basic law of the land? And, if there will be no limitation on the
amending power of the Parliament, are there not chances that this power of amendment in the name
of „constituent power‟ can be abused.

CHAPTERIZATION

CHAPTER 1: INTRODUCTION
CHAPTER 2: DOCTRINE OF BASIC STRUCTURE- THE CONCEPT

CHAPTER 3: THE JUDICIAL JOURNEY OF BASIC STRUCTURE

CHAPTER 4: : LAW OF TORTS AND WATER POLLUTION

CHAPTER5: THE NINETY-NINE CONSTITUTIONAL AMENDMENT AND BASIC

STRUCTURE

CHAPTER 6: TEST OF BASIC STRUCTURE

CHAPTER 7: CONCLUSION

RESEARCH METHODOLOGY

Primary method of research was adopted in the making of this project.

Various literary works and Books from the library and the internet, were used extensively in
collecting the data essential for this study.

The method of writing used in this project is primarily analytical.

THE OBJECTIVE OF THE STUDY HAS BEEN:

To study about the extent of amending power of the parliament and the judicial journey which gave
birth to the basic structure doctrine.
BIBLIOGRPHY

Books-

 Democracy and constitutionalism in India by Sudhir Krishnaswamy

 The constitution of India by P M Bakshi
 Giving structure to the basic structure doctrine by Rehan Abeyratne