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Basic structure

Basic structure

by A. M. Kawsar(213-26-418) -
Number of replies: 2

The Doctrine of Basic Structure is a legal principle that originated in India. It was first established by the Indian Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973.

According to the Doctrine of Basic Structure, there are certain fundamental features or basic elements of a constitution that cannot be amended by the legislature, even if the amending power is explicitly granted by the constitution itself. These basic features are considered essential and form the bedrock of the constitution, ensuring its identity and integrity.

The Supreme Court of India held that Parliament's power to amend the constitution under Article 368 is not absolute and that it cannot alter the basic structure of the constitution. The court did not provide an exhaustive list of the basic features but identified a few key elements, including the supremacy of the Constitution, the rule of law, the democratic system of governance, judicial review, and the separation of powers.

The Doctrine of Basic Structure acts as a limitation on the amending power of the legislature, preventing it from making changes that would fundamentally alter the essential character of the constitution. It is meant to preserve the core principles and values enshrined in the constitution and to safeguard the rights and liberties of individuals.

It's worth noting that the Doctrine of Basic Structure originated in India and has been primarily applied in the Indian legal context. Other countries may have similar principles or doctrines that protect the essential elements of their respective constitutions, but the specific application and scope may vary.

Article 7 deals with the basic structure in Bangladesh