1. Meaning of Constitutional Review under Basic Structure Doctrine

Constitutional review in this context means:

The power of the judiciary to examine constitutional amendments and strike them down if they violate the “basic structure” of the Constitution.

Unlike ordinary judicial review (which checks laws), this doctrine allows courts to review even constitutional amendments.

2. Origin of the Doctrine

The doctrine emerged to resolve a fundamental conflict:

• Parliament’s power to amend the Constitution (Article 368)
  vs.
• Protection of fundamental rights and constitutional identity

The Supreme Court held:

Parliament can amend but cannot destroy the Constitution’s basic structure.

3. Key Elements of Basic Structure

Though not exhaustively defined, it includes:

• Supremacy of the Constitution
• Rule of law
• Judicial review
• Separation of powers
• Federalism
• Fundamental rights
• Secularism
• Democracy

4. Landmark Case Laws

1. Shankari Prasad v. Union of India

• Early phase before the doctrine
• Held: Parliament can amend Fundamental Rights
• Judicial review of constitutional amendments was limited

2. Sajjan Singh v. State of Rajasthan

• Reaffirmed Shankari Prasad
• Parliament’s amending power was considered absolute
• However, dissenting opinions raised concern about limits

3. I.C. Golaknath v. State of Punjab

• Major shift
• Held: Parliament cannot amend Fundamental Rights
• Introduced strong judicial review over amendments
• Created constitutional conflict with Parliament

4. Kesavananda Bharati v. State of Kerala

• Most important case in Indian constitutional law
• Introduced the Basic Structure Doctrine
• Held:
  • Parliament can amend Constitution
  • But cannot alter its basic structure
• Established judicial supremacy in constitutional interpretation

5. Indira Nehru Gandhi v. Raj Narain

• Applied basic structure doctrine
• Struck down constitutional amendment that tried to validate election of Prime Minister
• Reinforced:
  • Free and fair elections
  • Judicial review
  • Rule of law

6. Minerva Mills v. Union of India

• Strengthened doctrine further
• Struck down amendment giving unlimited Parliament power
• Held:
  • Limited amending power is itself part of basic structure
  • Balance between Fundamental Rights and DPSP is essential

7. Waman Rao v. Union of India

• Introduced cut-off date principle
• Validated post-Kesavananda review of amendments
• Protected basic structure doctrine retrospectively

8. I.R. Coelho v. State of Tamil Nadu

• Held that even laws placed in Ninth Schedule can be reviewed
• If they violate basic structure → they are unconstitutional
• Expanded scope of judicial review significantly

5. Evolution of Judicial Review under Doctrine

Phase 1: Parliamentary Supremacy

• Shankari Prasad, Sajjan Singh

Phase 2: Fundamental Rights Supremacy

• Golaknath

Phase 3: Balanced Constitutional Supremacy

• Kesavananda Bharati onward

Phase 4: Expanded Judicial Review

• Minerva Mills, I.R. Coelho

6. Global Significance

The doctrine influenced global constitutional thinking:

• Inspired constitutional limits on amendment powers
• Strengthened idea of “constitutional identity”
• Adopted in modified forms in countries like:
  • Bangladesh
  • Israel (judicial doctrine debates)
  • Germany (eternity clause parallels)

7. Key Doctrines Derived

(a) Limited Constituent Power Doctrine

Parliament cannot rewrite Constitution entirely.

(b) Constitutional Identity Doctrine

Certain features define Constitution’s essence.

(c) Judicial Supremacy in Interpretation

Courts decide constitutional boundaries.

8. Criticism of the Doctrine

Arguments Against

• Undemocratic (judges override elected Parliament)
• Lack of clear definition of “basic structure”
• Judicial overreach concerns

Arguments For

• Protects Constitution from political abuse
• Ensures stability and continuity
• Safeguards democracy and rights

9. Conclusion

The Basic Structure Doctrine represents a unique balance between:

• Democratic power of Parliament
• Constitutional supremacy enforced by judiciary

Through landmark cases like:

• Kesavananda Bharati v. State of Kerala
• Minerva Mills v. Union of India

India developed one of the strongest systems of constitutional review in the world, ensuring that the Constitution remains amendable but never destructible.