The Basic Structure Doctrine at 50: Comparative Perspectives and Its Future Trajectory in Indian Jurisprudence

Abstract

The Basic Structure Doctrine, established through the landmark Kesavananda Bharati v. State of Kerala (1973), represents one of the most significant constitutional innovations in judicial history. This paper examines the doctrine's evolution over five decades, analyzing its theoretical foundations, comparative constitutional positions, and contemporary challenges. Through doctrinal analysis and comparative methodology, this study explores how the doctrine has shaped Indian constitutional jurisprudence while examining parallel developments in other jurisdictions. The research reveals that despite periodic challenges, the Basic Structure Doctrine has emerged as a robust framework for constitutional preservation, though its application requires continuous refinement to address emerging democratic threats. The paper concludes by proposing a framework for the doctrine's future trajectory, emphasizing the need for clearer definitional boundaries and adaptive interpretation in response to evolving constitutional challenges.