The Doctrine of Basic Structure.
The Doctrine of Basic Structure. The Doctrine of Basic Structure is a landmark concept in constitutional law, particularly prominent in the jurisprudence of India and, by extension, countries like Bangladesh. It asserts that a constitution has certain fundamental features or core principles that are so essential to its identity and spirit that they cannot be altered, amended, or destroyed by the legislature, even through its constituent (amendment) power. Origin and Evolution (Primarily in India): The doctrine originated and evolved through a series of landmark judgments of the Supreme Court of India: Shankari Prasad v. Union of India (1951) & Sajjan Singh v. State of Rajasthan (1965): Initially, the Indian Supreme Court held that Parliament's power to amend the Constitution under Article 368 was absolute and could extend to any part of the Constitution, including fundamental rights. Golaknath v. State of Punjab (1967): This case marked...