Constitution as a Living Document | Class 11 Political Science Notes

BASIC STRUCTURE AND EVOLUTION OF THE CONSTITUTION

This section introduces the Basic Structure doctrine, a judicial innovation established by the Supreme Court in the Kesavananda Bharati case (1973). The doctrine sets limits on Parliament's power to amend the Constitution, stating that no amendment can alter the Constitution's basic structure. While Parliament can amend any part of the Constitution within this limitation, the Judiciary is the final authority in deciding whether an amendment violates the basic structure. This doctrine has profoundly influenced constitutional evolution by balancing rigidity and flexibility: it protects core constitutional values while allowing amendments elsewhere. The doctrine itself is not mentioned in the Constitution but emerged from judicial interpretation, exemplifying the Constitution as a living document. Subsequent cases have elaborated on what constitutes the basic structure.

📊 Diagram: See figure_19: Ah! So it is the judiciary that has the final word! Is this also judicial activism?

🔗 Connection: Leads to discussion on constitutional review efforts and judicial contributions.